MINUTES OF THE JUNE 12, 2012 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, June  12, 2012 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.
PRESENT WERE:

Leonard K. Pero		Supervisor
Jeffrey Gier		Councilman
Donald Clark		Councilman
Chad Kaczmarek	Councilman
Clark Borngraber	Councilman
William J Trask, Sr.	Town Attorney
Barbara J Daniel	Town Clerk, Recording Secretary

ALSO PRESENT AND SIGNED IN WERE:

Joseph Ostrowski	Planning Board Chairman
Lynda Ostrowski	Secretary to the Boards
Janice Ross		Planning Board member
Charles Arrigo		Highway Laborer
Donald Hepkins		Police Chief
Gary Brecker		Code Enforcement Officer
Brian Campbell		Reporter for the SUN
Brian Rott		resident
Debra Ritz		resident
Lee Brunelli		resident	
Ron Kobel		resident
Pete Zaenglein		Village Official
Julie Gibbons		Village Mayor
Allen Nolan		Town Hall Maintenance


The meeting opened at 7:30 PM with a pledge to the Flag.

MINUTE APPROVAL:
	A Motion was made by Supervisor Pero, and seconded by Councilman Gier to accept the minutes of the May 8, 2012 Regular Town Board Mtg with a correction to the Fire Department Reports (correction: No Fire Dept reports were received).  MOTION CARRIED.


MONTHLY REPORTS:



SUPERVISOR?S FINANCIAL REPORT & BUDGET MODIFICATION:

Councilman Clark moved and was seconded by Councilman Kaczmarek, to accept the Supervisor?s April 2012 Financial Report.  5 ayes, 0 nays.  MOTION CARRIED.



Supervisor Pero noted a correction to be made to the Budget mod that was presented last month.  He noted that the Heading of the Budget mod should have had the caption: ?GENERAL FUND TOWN WIDE?.  The change was noted by the Board.  Councilman Gier moved to accept the change, and was seconded by Councilman Borngraber. 5 ayes, 0 nays.  MOTION CARRIED.

Councilman Clark moved and was seconded by Councilman Kaczmarek, to accept the following Budget Modification as of April 2012 as presented below.  5 ayes, 0 nays.  MOTION CARRIED.

View the Budget Mod here: [url=%%dir[2]%%Bud_Mod_as_of_04_30_12_CORRECTION_FOR_6-12_TB_MTG.pdf]Bud_Mod_as_of_04_30_12_CORRECTION_FOR_6-12_TB_MTG.pdf[/url] 

 

	
TOWN CLERK?S REGULAR FINANCIAL REPORT & TAX COLLECTION STATUS REPORT AS PRESENTED:
Councilman Gier moved to accept the Town Clerk?s April 2012 Financial Report & the Tax collection summary report, and was seconded by Councilman Borngraber.  5 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK?S FINANCIAL REPORT:
	Councilman Gier moved to accept the Court Clerk?s April 2012 Financial Report for Justice Gugino and Justice Crouse.  Councilman Kaczmarek seconded the motion.  5 ayes, 0 nays. MOTION CARRED.

CODE ENFORCEMENT OFFICER?S REPORT:
	Code Enforcement Officer Gary Brecker presented his May Report.  Councilman Kaczmarek moved to accept the report as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER?S REPORT
Councilman Clark moved to accept the Dog Control Officer?s report for May 2012 as presented.  The motion was seconded by Councilman Kaczmarek.  5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT:
	Councilmen Gier moved to accept the April 2012 Police report as presented by Police Chief Donald Hepkins.  He was seconded by Supervisor Pero. 5 ayes, 0 nays.  MOTION CARRIED.  

TOWN CLERK?S REPORT TO THE BOARD:
	Councilman Gier moved to accept the Town Clerk?s May 2012 Monthly Activity Report to the Board.  Councilman Borngraber seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT:
	Secretary Lynda Ostrowski reported that there will be no Planning Board meeting in June.  Councilman Gier moved to approve the May 2012 Planning Board Report as presented by Lynda.  The motion was seconded by Councilman Borngraber.  5 ayes, 0 nays.  MOTION CARRIED.

Webmaster Lynda Ostrowski then addressed a few website updates that have been done, and gave the Senior?s report for their June meeting.

RECREATION DIRECTOR?S REPORT:  (No report submitted)
Supervisor Pero reminded the audience that recreation would resume on July 2nd.  He also mentioned that a staff meeting would be held on Monday.  
  
PARKS COMMISSIONER?S REPORT:
	Supervisor Pero mentioned that Mike Muffoletto and Bruce Freidburg were hired as a park laborers to clean the walking path, tables, get fill for the playground (which needs to be ADA approved fill, Councilman Gier to look into). Pero mentioned that the pool is ready for use, and that the Port-A-Potties have arrived for Brant Fest.

TOWN HISTORIAN REPORT:
	Supervisor Pero read the minutes of the May 16 Historical meeting, which had 7 in attendance.  He noted that the Town will be 175 years old in 2014.

FIRE DEPARTMENT REPORTS:  Councilman Gier noted that no reports were received.

Acknowledgement of Dignitaries, Officials and Visitors:
Mayor of the Village of Farnham, Julie Gibbons was present.  Supervisor Pero also acknowledged the attendance of Mike Reiser?s from Senator Grissanti?s Office.

OLD BUSINESS:

BRANT SUMMER FEST: Supervisor Pero recapped some of the points of interest.  The pool will be open during Brant Fest.  There will be games; Lake Shore Youth Football is helping a lot.  He mentioned the advertising that was done for the event, in print, on TV and in radio.

He acknowledged the new Golf Course opened by Councilman Borngraber.  Supervisor Pero was happy to see a new business in Town.  Part of the advertising this year included a plug for the Golf Course.

OLD TOWN HALL: 
	Supervisor Pero asked Attorney Trask for the next step in the selling process for the Old Town Hall.  The Attorney mentioned a few options, such as an auction, or an advertisement for bids.  The Town is obligated to seek the best offer.  Councilman Clark asked if the Town could regulate what the property could be used for during the sale.  Attorney Trask answered that the Town needed to review the deed to make there were no existing Reversion Clause that may have been part of the original acquisition of the building that may hinder or limit what the Town itself could do with the building.  Attorney Trask will review the deed and draft the Legal Notice needed to begin the process.

Rooftop Weather Station:
	Town Hall Maintenance Superintendent Allen Nolan spoke of taking the Representative to the rooftop about a month ago.  The Rep told him that the installation would be ?couple of weeks?.  He had not heard back from the rep.  Councilman Gier would like to restrict who is permitted to maintain the unit to the Town?s Maintenance personnel (Allen Nolan).  The Board was unanimously in favor of restricting maintenance of the rooftop unit to Allen Nolan, thereby relieving the Town of liability.

TOWN HALL CAFÉ : 
	Supervisor Pero spoke on his progress in creating the RFP.  He is still working in the proposal.

LOCAL 17:
	Supervisor Pero spoke about the assistance of Local 17 in the repair of the walking path at the Town Park.  Also, they will assist in moving the Radio Tower at the Old Town Hall.  Councilman Gier mentioned the possibility of just eliminating it.

SOLAR PANELS:
	Supervisor spoke about a letter he received from Solar Liberty that discussed options such as the leasing of the Solar Panels as opposed to the outright purchase.  He would like to schedule a workshop to discuss these options.

BRANT FEST PROCLAMATION: 
	Supervisor Pero discussed a desire to begin a Wall of Fame for the Town Hall.  The first person he would like to honor is Herman Ciminesi by reading a Proclamation he had for Mr. Ciminesi.  He will proclaim the days of Brant fest (June 15-17) to be [url=%%dir[2]%%Herman_Ciminesi_Days.pdf] Herman_Ciminesi_Days.pdf[/url] , and will announce the proclamation at the opening of the Brant Summer Fest on June 15.
Supervisor Pero moved to approve the Proclamation as presented by himself.  The motion was seconded by the remaining balance of the Town Board.  5 ayes, 0 nays.  MOTION CARRIED.

SCHOOL TAX COLLECTION RESOLUTION:
	Supervisor Pero read a resolution he drafted requesting the return of School Tax collection to the Brant Town Clerk?s Office.  The following will be sent to the Evans/Brant School Board (School Superintendent).  The resolution was read as follows:

At the June 12, 2012 Town Board meeting, the Brant Town Board agreed that the collection fee on the property owners in the Evans-Brant school district (Lake Shore Central) is inappropriate and should be removed from the School Tax Bill.  The Silver Creek & North Collins School district that are also in the Town of Brant do not charge residents of our Town that line in their district.

The Brant Town Board is also requesting that the Brant Town Clerk be responsible for collecting School Taxes for the property owners of our Town.

Respectfully submitted by,
The Brant Town Board
AS VOTED:
Councilman Borngraber moved to adopt the resolution, and was seconded by the remaining Town Board.  A roll call vote was taken: Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.



NEW BUSINESS:



APPOINTMENT OF 3 LIFEGUARDS:
	Supervisor Pero listed the names of three (3) new lifeguards appointed on May 15 & May 31st.  They were: David Dombrowski, Fred E. Ball III & Jacob Zillac.  Supervisor Pero moved to approve the appointments as they have all the credentials.  His motion was seconded by Councilman Clark.  A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman Borngraber-aye.  5 ayes, 0 nays.  MOTION CARRIED.

SIGN REGULATIONS: 	
Supervisor Pero mentioned that he will table this topic until the Town Board has had an opportunity to a workshop with the Planning Board regarding it.


APPROVAL OF SETTLEMENT (MAYBEE):
	Attorney Trask reminded the Town Board to formally approve the settlement in the case of Patricia Maybee vs. Town of Brant.  The Town?s portion of the settlement would be $2,500.  Supervisor Pero moved to approve the settlement and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman Borngraber-aye.  5 ayes, 0 nays.  MOTION CARRIED.

RESOLUTION ALLOWING UNLICENSED VEHICLES DURING BRANTFEST:
	Chief Donald Hepkins asked the Board to formally suspend the enforcement of any local law that prohibits no unlicensed vehicles within the park.  Therefore, the Town Board authorizes the suspension of the enforcement of any local law that forbids the entry of unlicensed motor vehicles in the Town Park during the Brant Festival, provided it is there in connection with the Brant Festival.  
	Councilman Gier moved to approve the resolution and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye, Councilman Borngraber-aye.  5 ayes, 0 nays.  MOTION CARRIED.


REPORTS OF COMMITTEES:  
NONE


TOWN BOARD REPORTS:

Councilman Gier: None

Councilman Borngraber: None

Councilman Kaczmarek: None

Councilman Clark: Thanked  Village of Farnham for inviting Brant to their Memorial Day celebration.  Also presented a CDBG flyer regarding Block Grant information.


Supervisor Pero: 
?	LSYF Liaison change: Supervisor Pero announced that Councilman Kaczmarek will be replaced as Liaison for Lake Shore Youth Football to eliminate any conflict of interest since he is on their Board.  Supervisor Pero will now be the liaison to Lake Shore Youth Football.  Councilman Borngraber noted to Supervisor Pero that the two buildings behind the new snack building at the Park were supposed to be moved are still intact, and making it difficult for the grounds upkeep.  He suggested having them moved as originally agreed upon.  Councilman Kaczmarek responded they will be gone tomorrow.
?	Rock at entrance of Park: Supervisor Pero advised the status of the new plaque for the boulder near the Park entrance.  He stated that it had to be sent out for engraving and will take a little longer than expected.  Should be intact for Brant Fest.
?	eWaste drop off location update:  Supervisor Pero spoke on the eWaste success.  The bins are full again.  Supervisor Pero will call for them to pick up the bin contents.  He stated that he wants to make the drop off dates to once a month soon.  Councilman Gier wants to discuss it further at a workshop.
?	Senior / Recreation / Exercisor Program is in need of volunteers to monitor the use of exercise equipment.  Also waiting for the curtain to be used to divide the gym area.
?	Ground water Impact law: will be discussed at a workshop.
?	Five Year Capital Improvement Plan: Supervisor Pero stated our Grant Writer Connie Miner recommended we hold a workshop to discuss a five year plan for the Town.
?	Painting Highway Barns and Pool house:  Costs and specs need to be reviewed and discussed.  Councilman Borngraber is concerned that the pool house needs to be sandblasted and receive a good coat of paint and is more critical than the Highway barn.  Councilman Clark suggested getting three competitive bids; Supervisor Pero prefers the use of in-house labor to save money by not being regulated by prevailing wage laws.
?	Park project: Supervisor Pero mentioned that they are still awaiting the $50,000 owed for the Park Grant. 
?	Garage Electric: Supervisor Per stated that the electric will be pushed under the roadway to the Municipal Garage.
?	National Grid Lighting service upgrade to energy efficient: Supervisor Pero is working with National Grid to have all Town Buildings upgraded to energy efficient lighting to bring down energy costs.  He is awaiting cost estimates.
?	Supervisor Pero stated he attended 26 meeting in the month of May.


Recognized Privilege of the Floor: Village Mayor Julie Gibbons spoke of an antique 4? X 8? store sign donated to the Historical Society by Mr. Butlak.  It was the sign used for the store across street from post office, next door to 458 Commercial Street, that is now a parking lot.  She wants to coordinate bringing it to the Town Hall.

Equalization rate is currently at 99.00%.  Assessor DeCarlo will leave it at that.

CORRESPONDENCE:
	Supervisor Pero announced the following correspondence received:
?	Community Concern
?	Workplace Violence: Letter from inspector, stated Town passed inspection
?	Sales Tax revenue (Based on population & assessed value).  This revenue has increased  by 4.63% increase compared to 2011.

MISCELLANEOUS INFORMATION:  None




Abstract 6 of 2012

*Prepaid and unpaid as of June 12, 2012

Gen Fund Town wide Vouchers pd #231-242, unpd#243-304 Totaling: $38,885.99
Gen Fund ? Part Town Voucher, pre-pd # 13, unpd #14-16,  Totaling: $9,252.61 
Highway T.W. Vouchers #53 (void) pd#54, Totaling: $ 2,493.90
Highway P.T. Vouchers, pd none, unpd #3-8, Totaling: $2,126.15
Fire Protection: Vouchers NONE 
Street lighting: Voucher  unpd, #5:   $2,179.97
Lotus Bay Sewer Dist 1: none
Brant Farnham Sewer Dist: Voucher:  1, Totaling: $2,225.00 
Brant Water Dist 1: NONE 
Special Grant Fund: NONE
Capital Projects: Vouchers: NONE

General Town Wide Payroll 04/22/12- 06/02/12 Totaling: $50,807.70
General Part Town Payroll 04/22/12- 06/02/12 Totaling: $1023.29
Highway Payroll TW 04/22/12- 06/02/12  Totaling: $4,293.60
Highway Payroll PT 04/22/12- 06/02/12 Totaling: $7,933.96

REQUEST APPROVAL TO PREPAY THE FOLLOWING VOUCHERS THAT DID NOT MAKE IT IN TIME FOR THIS ABSTRACT (to be part of abstract 7 prepays):
?	GEN FUND T.W. - NATIONAL GRID $1,195.17
?	GEN FUND T.W. - BLUE CROSS/BLUE SHIELD of WNY $904.00
?	GEN FUND T.W. ? JOE GIAMBRONE ? POOL WORK - $300.00
?	HIGHWAY PART TOWN ? BLUE CROSS/BLUE SHIELD of WNY $2,267.90

Councilman Gier motioned to accept Abstract #6 of 2012 as read, and was seconded by Councilman Kaczmarek.   A Roll Call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Borngraber-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

Supervisor Pero motioned to adjourn the meeting at 8:56 pm, and was seconded by the balance of the Town Board.  MOTION CARRIED.

Respectfully submitted by,


Barbara J Daniel
Brant Town Clerk