Minutes of the November 13, 2012 Town Board mtg

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The Regular Meeting of the Brant Town Board was held on Tuesday, November  13, 2012 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.

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


Lynda Ostrowski	Secretary to the Boards
Charles Arrigo		Highway Laborer
Peter F. Gugino		Town Justice
Julie Gibbons		Mayor of Farnham
Brian Campbell		Reporter for the SUN
Ronald Kobel		resident
Beverly Wasmund	resident
Janet Bowman		Assessor?s clerk
Brian Rott		resident
Debra Ritz		resident
Lee Brunelli		resident
John Arrigo		property owner
Joe Giambrone                Highway Superintendent	

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

	A Motion was made by Councilman Borngraber, and seconded by Supervisor Pero to accept the minutes of the October 9, 2012 Regular Town Board Mtg.   5 ayes, 0 nays.  MOTION CARRIED.


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

	Councilman Gier moved and was seconded by Councilman Borngraber to accept the budget modification as received from the Town Accountant for October 2012.  A roll Call vote was taken:   Councilman Gier-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes, o nays.  MOTION CARRIED.  

Councilman Clark moved and was seconded by Councilman Gier to accept the Town Clerk?s Financial Report for August and September of 2012.  5 ayes, 0 nays.  MOTION CARRIED.

	Councilman Gier moved to accept the Court Clerk?s September, 2012 Financial Report for Justice Gugino and Justice Crouse.  Councilman Borngraber seconded the motion.  5 ayes, 0 nays. MOTION CARRED.

	Code Enforcement Officer Gary Brecker presented his October Report.  He then addressed the 2012 Green Construction Code book he received from the state.  He informed the Board that use of the Green Codes book requires Board adoption.  Councilman Gier questioned the locked gate to the Radio Tower.  CEO Brecker stated that the Tower people had given a key to the gate to Emergency Personnel Jeff Renaldo.  A Motion was made by Councilman Borngraber and seconded by Councilman Kaczmarek to accept the report as presented.  5 ayes, 0 nays.  MOTION CARRIED.

The October Dog Control Officer?s report was read by Dog Control Officer Barbara Daniel.  Her annual surprise inspection was done at the end of October and the Town?s facility and paperwork was rated ?satisfactory?.  Her year to date kennel fees collected were reported at $451.40.  Councilman Clark moved to accept the Dog Control Officer?s September report.  The motion was seconded by Councilman Kaczmarek.  5 ayes, 0 nays. MOTION CARRIED.

              Chief Donald Hepkins was on vacation so Councilman Gier read the Police report for October 2012.  Councilman Borngraber moved to accept the September 2012 Police report.   He was seconded by Supervisor Pero.  5 ayes, 0 nays.  MOTION CARRIED.  

	The Town Clerk thanked Councilman Kaczmarek for the great effort he put into the move of the Town?s inactive records from the old Town Hall. 
Councilman Gier moved to accept the Town Clerk?s October, 2012 Monthly Activity Report.  Supervisor Pero seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

                The October Planning Board report was read by Secretary Linda Ostrowski.   A motion was made by Councilman Borngraber and seconded by Councilman Kaczmarek to accept the October Planning Board Report as read.   Motion carried. 5 ayes, o nays. MOTION CARRIED	

               No Report was received.

                Supervisor Pero mentioned the work done to the walking path and that the park areas have now been closed up for the winter season.
Town Historian Report:
	No report received.

Fire Department Reports 
Councilman Gier read the Farnham Fire Dept. report for October which included 6 fire calls, 16 EMS calls, 1 Fire Prevention Program, 1 Trick or treating standby.  1 Mutual aid to Brant for a fire, 2 mutual aids for Lake Erie Beach (1 fire & 1 EMS), 2 Mutual aids to Reservation (1 EMS & 1 Fuel Leak).  Total number of alarms 28.  Councilman Gier noted that he did receive North Collins expenditures for last month.

Brant Farnham Senior?s report : 
               Supervisor Pero read the Senior?s November report.   No vote was conducted to approve the report.

Park Building roofs:
Councilman Borngraber read the quotes he received for the roof repairs to be done at the Town Park.
The results were:
Raynor Construction:   Sr. Community Bldg $18,000
		            Rec Porch roof $3,168.00
Walsh Construction:    Sr. Community Bldg $9,800 (for shingles or metal roof)
		            Rec Porch roof $4,750 (metal roof only)
Beverly Hills Dev.:        Sr. Community Bldg $6,375 (includes 1 laborer $1,600 only + Town must provide 2 laborers
            And Materials will be $4,775. For a total cost of $6,375. METAL ROOF ONLY)
           Rec Bldg Porch: $8,600.00 (Shingles)

No action was taken.  Justice Peter Gugino stated he had someone who would also quote on the project.

Brant Post Office Meeting of November 8th outcome:  
Change will occur in February 2013 per Derrick Spendor of the USPS. The hours will be Mon thru Fri 1 PM to 6 PM and Sat 9 AM to 12 PM.

Ag District Notice for inclusion November 1st through the 30th: Supervisor Pero read the notice for the annual Ag District inclusion option that is available for those wishing to include their viable agricultural property into certified ag district.  Forms are available at the Town Clerk?s Office.

8:00 PM Public  Hearing:   Preliminary Budget
                  A Motion was made by Supervisor Pero, seconded by Councilman Gier to open the Public Hearing at 8:00PM regarding the Preliminary Budget. Motion Carried.
The Town Clerk read the Public Notice that was published in the SUN on October 25, 2012. Discussion followed.   Property owner John Arrigo questioned if the Board followed proper procedure when they made changes to the tentative budget.   He questioned why no formal meeting was held to make the changes and vote on them.  Councilman Clark asked Attorney Trask if the budget could be challenged if procedures were not followed.  Attorney Trask noted that the Comptroller?s Office is not overly concerned with minor procedure deviations.   The deadline of November 20 is most important.  Also, as long as the Town Board as a whole accepts the budget that is being presented here tonight and which was advertised online on November 1st as the Preliminary Budget.  That is what is important.  

At 8:22 PM, Councilman Gier moved to adjourn the Preliminary Budget Public Hearing to allow for the timely opening of the next public hearing scheduled for 8:20 PM.  His motion was also to re-open the adjourned mtg. when the next one was closed.  His motion was seconded by Supervisor Pero.  All approved.  Budget hearing was temporarily adjourned.

8:22 PM Public Hearing: Fire/Ambulance Contracts

The Town Clerk read the Public Notice regarding the Fire and Ambulance contract public hearing scheduled for 8:20 PM November 13, 2012 which was published in the SUN on October 25, 2012. When discussion opened, Mayor of Farnham Julie Gibbons thanked the Board for their consideration and dollar amounts this year.   Supervisor Pero stated the current amount of $106,519 would remain for Brant and Farnham.  He added that the $10,652.00 would remain for North Collins (who will be in their 2nd of their 3 year contract).  He added the $41,766.00 for Farnham Ambulance and emergency services, along with the $4,678.00 for the contract for the Town of North Collins Ambulance and emergency services.    All contracts would continue for a one year period expiring at the end of 2013.  Councilman Gier stated that all parties were contacted and since no feedback was returned, the current rates will continue for one year.  He added that they will re-negotiate next year.

Councilman Gier noted that the Town also pays the workers comp for Brant Volunteer Fire Co. at a cost of $13,500/yr.

Councilman Borngraber moved to close the public hearing and was seconded by Councilman Kaczmarek.  All approved.  Public Hearing closed.

Preliminary Budget hearing re-opened:

Public Hearing Preliminary Budget re-opened with a motion from Councilman Gier, seconded by Councilman Borngraber. All approved. 

Town Justice Peter Gugino appealed to the Board to honor his request to increase the hourly rate for the Court Clerk?s from $11.59 per hour to $14.75/hour due to the heavy work load.  He compared the Town of Brant?s Vehicle and Traffic workload and pay rate to other municipalities and demonstrated his point (Time period 1/1/12 to 9/1/12).  He gave a few examples: 

?	Eden (1396 V& T Tickets)  pays $31,200 salary, 1 sick day/mo., Medical coverage, Vacation & Holidays
?	Evans (2600 V&T Tickets) pays 32,000/yr, sick days, 3 wk pd. vacation after 2 yrs., & 35% of medical ins.
?	Hanover (1800 V&T tickets) pays $33,720/yr, plus 1 sick day/mo., plus medical insurance
?	Brant (4017 tickets) pays $24,680/yr. with no benefits other than paid holidays.

He continued that the job is difficult to learn and it?s better to keep the trained staff rather than hire new employees.  He feels the Town?s current pay rate inadequate for the workload.  Property owner John Arrigo spoke in favor of the raise.

Resident Debra Ritz acknowledged the hard work done by the Court Clerks but felt the workload was directly related to the excessive number of tickets issued.  She felt the revenue generated by the tickets will eventually draw attention to the Town as a speed trap.  She questioned the new line item under the justice account.  She questioned why the Town Clerk?s budget went up $4,500.  The Supervisor?s budget went up $3,200. The law department went up $3,000.  She questioned the increase budgeted for the Rec Bldg. and the Sr. Community Bldg.  The police budget is going up by $5,400. The Garage went up $7,800.  The recreation department went up almost $10,000.  And the Park went up another $15,000.  She wanted an explanation.

Councilman Gier addressed Ms. Ritz?s questions.  He stated that the Supervisor and Town Clerk?s budget went up due to the purchase of a General Ledger program ($2,000) for the Supervisor Office and tax collection program ($3,500) for the Town Clerk?s office for 2013.   The increase on line item A1010.4 is the trips to NYC.  He mentioned that the Board has no control over the increase in Employee Benefits.  Line item A1964.4 is Charge Backs.  They have no control of that item.  He mentioned they left the money in the winter rec program and he would like it to be used to make improvements to the Ball Diamond and other improvements.  Ritz continued to question the Rec increase.  Supervisor Pero explained that Rec went over budget due to the added week and due to the heavy pool use due to the hot summer.  He explained that you need a lifeguard for every 10 people in the pool.  He also explained that some of the pool staff was used to paint the fence and the pay came out of that money.  The same goes for the increase noted in the Parks.  $6,500 will go towards this labor.
Ritz questioned the extra $7,500 budgeted for Parks.  Supervisor Pero explained that it is for the extra labor for work to be done to the park, like drainage on the football field and improvements to the Ball diamond.  Councilman Gier noted that the drainage on the field needs to be done.

Supervisor Pero then went through the changes that were made to the tentative as a result of the discussions he had with the Board members.  They were:

?	Employees received a 3% increase in their pay across the board
?	Offered Court Clerk?s a 5% increase in pay plus the addition of funds to cover the cost of a 3rd clerk at 19 hours per week to help with the workload ($10,868. On a new line item)
?	Also separated the bench clerk?s pay to differentiate the Court Clerk?s pay on a separate line item

Supervisor Pero noted that the court clerks were approved for 39 hours per week but according to the W-2?s they were only working 35-36 hours.  Justice Gugino responded that the clerks do work 39 hours but Justice Crouse had instructed them that they can only claim 35 hours.  It was an error on her part that they only claimed 35 hours.  Supervisor Pero explained that he was going by the W-2?s and didn?t realize the error.

	Councilman Clark asked Justice Gugino if an additional clerk would help with the workload.  Justice Gugino responded that it would not.  He stated it takes a year and a half to learn the job.  All that a third girl will be able to do is put stamps on envelopes.  Supervisor Pero asked what would happen if there was an election and a new Judge came in.  Would it be impossible for a new girl to learn?  Gugino answered it?s not easy.

	Councilman Clark spoke that he felt the 5% increase was inadequate and that if the Town starts losing trained employees the cost of errors will surpass the cost of a wage increase.  Supervisor Pero asked if that was fair to the other workers and he felt a 24% increase was unacceptable.  Councilman Clark noted that the other department heads didn?t ask for this type of increase so it was not an issue.  

	John Arrigo repeated his feelings that the clerks should get the increase requested by Justice Gugino.  Supervisor Pero noted that increasing their pay wouldn?t reduce their workload.  He and other Board members felt this was a better option.  Councilman Clark asked Justice Gugino what would happen if one of the girls got sick.  Gugino stated that the Town is lucky because it has Linda who helps with the workload.  Gugino reminded the Board that they haven?t gone to NYC and the money the Town saved can be used to give the girls at least the $3,000 increase to share as an increase.

Pero summarized some of the changes that were made to the preliminary budget dated November 1st.  They were:
?	A1110.13 was a zero, and is now $10,868.00 (for the third Clerk)
?	Bench Clerks went to $5,731.00 ($168.00 increase)
?	Town Attorney increased to $13,000 from $12,500
?	A1460.41  Records Management Contractual $46,415.00 is added as a grant for records room
?	Superintendent of Bldgs. 3% increase
?	A1621.11 Town Hall Custodian line $500.00 increase to $18,000 (was underestimated in 2012)
?	Social Security changed from $39,000 to $40,000 
?	Under ?revenue?  $414,790  decreased to $414,399 (showing a decrease in taxes)
?	Sales Tax went from $330,000 to 270,000.
?	Fines and fees collected is lowered from $330,275
?	Revenue from Driver school is lowered to $1,700
?	Revenue from the Stop DWI contract has been eliminated (was $3,000)
?	A3060. State aid (Grant ? Records Mgmt. as stated above)
?	Schedule B: increased refuse contract amount by $10,000 (awaiting bids)
?	Highway Town wide(D.A. fund) will remain the same

Supervisor Pero noted that the tax rate decreased by -.23% for a rate of 4.08
He recapped the tax rates over the past 7 years:

2007	5.760 per thousand
2008 	5.699 per thousand
2009 	4.70 per thousand
2010 	4.53 per thousand
2011	4.13 per thousand
2012	4.09 per thousand
2013 	4.08 per thousand

Supervisor Pero noted the services provided by the Town and commended each department for what they provide the Town.  These services are available as a result of the dedication of each department.  He explained why he refuses to increase rates.

Highway Superintendent Joe Giambrone expressed his disappointment that his men were not given a 4% increase in their pay.  He added that for two years he gave up raises so his men could have a raise.  He was upset at the 3% increase because he asked for 4%.  Supervisor Pero stated that he raised the cap on the health insurance for his men and that reflects an additional $1,200 increase for the men.

Supervisor Pero moved to close the public hearing at 9:27 PM and was seconded by Councilman Borngraber.  

Public Hearing:  2% Tax Cap law

Councilman Gier moved to open the public hearing and was seconded by Councilman Kaczmarek.  All approved.  Motion carried.

	The Town Clerk read the public notice that was published in the SUN on November 1, 2012.  Discussion: 
Supervisor Pero noted that since there was no 2% increase in the tax rate per the preliminary budget, he moved to close the public hearing with adopting the law that would have allowed the Board to exceed the cap.  He was seconded by Councilman Gier.  All approved.  Motion carried.


	Supervisor Pero asked for a motion to adopt the Preliminary Budget as presented at this meeting.  At the same time, he announced that the Board will meet again on Friday November 16th at 6:30 PM to adopt the final budget.  Councilman Gier moved to adopt the preliminary budget and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-Nay, Councilman Borngraber-aye,  Supervisor Pero-aye.  4 ayes, 1 nay.  Motion passed.

Refuse RFP:  Supervisor Pero reminded all that the RFP was sent out for Refuse bids for the 2013 year.  Bid opening will occur at 1 PM in the Town Clerks office on December 4th.

CDBG projects:  Hearing impaired equipment for the Board/Court room.  Also, handicapped accessible bathrooms at the Park and Rural Transit funding.

Haz Mat Representative:  Supervisor Pero asked for the Board to allow him to remain on the Hazardous Response team.  He added that he has been a member of the team for years and his membership requires monthly meetings.  Councilman Borngraber motioned to approve his membership and was seconded by Councilman Kaczmarek.  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.

Uniform Justice Court

As this is to be required to be announced at the November Town Board meeting, Supervisor Pero read the following:

?Section 2019A of the Uniform Justice Court Act requires that Town and Village Justices annually provide their court records and dockets to the respective Town and Village auditing Board.  That such records be examined or audited and after that be entered into the minutes of the Board proceedings.?  


Councilman Gier: Spoke of the cooperative effort that was required to create the 2013 preliminary budget.

Councilman Borngraber:  Mentioned that Town Board members aren?t always supposed to agree.  He  added that he had gotten the roof quotes.  The Seniors are happy about their increase.

Councilman Kaczmarek: Stated the records room move is complete.

Supervisor Pero: approval of the Inactive Records room grant still unknown.  He is still working on the Employee Handbook.  He is done with the Preliminary version, with the use of the Town of Concords Handbook.  Traveling Food Pantry November 21st.  Met with National Fuel and Senator Gallivan?s office to seek a way to put together a project to have National fuel run gas lines for different areas of Town.  Pero attended 18 meetings.



Councilman Gier moved to approve Abstract 11, and was seconded by Councilman Gier. 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

Abstract 11 of 2012
*Prepaid and unpaid as of November 9, 2012
Gen Fund Town wide Vouchers pd #569-579, unpd#580-623 Totaling: $31,587.35 
Gen Fund ? Part Town Voucher, pd: #33-34, unpd #35-36  Totaling: $9,270.62 
Highway T.W. Vouchers pd: none, unpd#81-86, Totaling: $2,972.69
Highway P.T. Vouchers, pd 33-34, unpd 35, Totaling: $3,233.52
Fire Protection: Vouchers: none 
Street lighting: Voucher  pd, #10:   $2,531.15
Lotus Bay Sewer Dist 1: Voucher #1: Totaling $4,300.00
Brant Farnham Sewer Dist: Voucher:  none
Brant Water Dist. 1: none 
Special Grant Fund: NONE
Capital Projects: Vouchers: NONE

General Town Wide Payroll 09/23/12- 11/03/12 Totaling: $54,253.45
General Part Town Payroll 09/23/12- 11/03/12 Totaling: $881.91
Highway Payroll TW 09/23/12- 11/03/12 Totaling: none
Highway Payroll PT 09/23/12- 11/03/12 Totaling: $12,386.50

SPECIAL NOTE: Request permission to prepay the following 2013 vouchers on the December 2012 Abstract #12.  Items are 2013 expenses, but payment must be made within 2012.  They are:
NYS & Local Retirement System 2013 Pension contribution (PFRS) $16,677.00
NYS & Local Retirement System 2013 Pension contribution (ERS) $51,148.00

Also request for prepayment approval for the following that were received after Abstract 11 closed:
R.A. Gryksa $1,208.33
Crystal Rock Water: $77.25

A Motion was made by Councilman Borngraber to adjourn the meeting in honor of all veterans, seconded by the balance of the Board to Adjourn at 9:40 PM.  5 ayes, 0 nays.  Meeting adjourned.

Respectfully submitted by,

Barbara J Daniel
Brant Town Clerk