Minutes of March 12, 2013 Town Board mtg.


This Regular Meeting of the Brant Town Board was held on Tuesday March 12th, 2013 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 William J Trask, Sr. Town Attorney Lynda Ostrowski Deputy Town Clerk, Recording Secretary ABSENT WAS: Councilman Clark Borngraber Town Clerk Barbara Daniel (Death in family) Chief of Police (vacation leave) ALSO PRESENT AND SIGNED IN WERE: Joseph Ostrowski Planning Board Chairman Lee Brunelli ZBA member Janice Ross Planning Board member Brian Rott Resident Debra Ritz Resident Patty Friend Town Historian Joseph Gardyjan Resident Brian Campbell Reporter for the SUN The meeting opened at 7:30 PM with a pledge to the Flag led by Deputy Town Clerk Lynda Ostrowski. A Motion was made by Councilman Gier, and seconded by Councilman Clark to accept the minutes of the February 12, 2013 Town Board Meeting. MOTION CARRIED. Councilman Gier moved and was seconded by Councilman Kaczmarek, to accept the Supervisor’s January 2013 Financial Report as presented. MOTION CARRIED. Councilman Kaczmarek motioned to accept the Supervisor’s 2013 Budget correction resolution as listed below, and was seconded by Councilman Gier. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED. See Budget Correction filed in Town Clerk's Office. Councilman Gier moved to accept the Town Clerk’s January 2013 Financial Report and the 2013 Town/County Tax Collection Status report, and was seconded by Supervisor Pero. MOTION CARRIED. Supervisor Pero moved to accept the Court Clerk’s January 2013 Financial Report for Justice Gugino and Justice Crouse. Councilman Clark seconded the motion. MOTION CARRIED. CEO Gary Brecker presented his February Code Enforcement Officer Report . Councilman Gier moved to approve the reports and was seconded by Councilman Kaczmarek. MOTION CARRIED. Supervisor Pero read the Dog Control Report. Councilman Clark moved to accept the Dog Control Officer’s report for February 2013. The motion was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED. The February 2013 Police report was read by Councilman Gier. Supervisor Pero moved to accept the February report as presented, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED. Deputy Town Clerk Lynda Ostrowski presented the Town Clerk’s monthly activity report for February 2013. Councilman Clark moved to accept the Town Clerk’s Report to the Board and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED The Board then read a resolution submitted by the Town Clerk wherein she suggested they consider the reduction of the cost of photo copies from .25 cents/copy to .10 cents/copy for B/W and .15 for color copies. The resolution presented was as follows: PROPOSED RESOLUTION REGARDING A REDUCTION IN FEE PER PHOTO COPY WHEREAS, the Town of Brant Town Board has in the past set a fee of .25 cents per photo copy to its residents; WHEREAS, the Town of Brant has now reduced the cost of photo copies to 1 cent each for black and white copies, regardless of size, and .7 cents per copy for color copies, regardless of size; WHEREAS, this cost of 1 cent and 7 cents per copy, includes maintenance and toner for the new copiers, WHEREAS, The Town Clerk now requests the Town Board to grant a reduction in the per copy cost of Black and white copies, and color copies; RESOLVED; with the exception of FOIL copies, which require man hours to research, thereby justifying the .25 cent per copy cost; THEREFORE BE IT RESOLVED; the Brant Town Board hereby approves the reduction in the cost of photo copies from the current flat .25 cents per copy fee to the following effective immediately: • .10 cents per copy for B/W • .15 cents per copy for color Attorney Trask first advised that the cost of foil requests cannot be more than the actual charge for a photo copy and could therefore be challenged. He then continued that even though the Town pays 1 penny for a B/W copy and 7 cents for a color copy, this doesn’t take into account the cost of toner, maintenance, etc. [Clerk’s note: The 1 cent and 7 cent fee includes these costs]. Councilman Gier suggested the difference if it is a FOIL copy be removed from the resolution. Attorney Trask stated the amount the Town charges per copy is standard for most Towns. Councilman Kaczmarek stated that in another Town he was charged the actual cost of the paper after the first 7 copies, which were free. Trask reiterated that since the Town was not Kinko’s the price should remain. Councilman Gier noted that the .25 cent per copy fee has been in place forever and should not be changed. The Board chose not to act on the resolution. Planning Board Report: Councilman Gier motioned to accept the February 2013 Planning Board Report as presented by Secretary Lynda Ostrowski, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED. The Zoning Board did not meet in February 2013 . Recreation Director Report: None. Parks Commissioner report: None. Town Historian Report: Patty Friend, Town Historian presented her Historian report. Supervisor Pero moved to accept the report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED. Fire Department Reports: None received, per Councilman Gier. Senior’s report for March, 2013. None presented. ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS: None spoke. OLD BUSINESS SCHOOL TAX COLLECTION: Supervisor Pero addressed the new proposal received from Barbara Daniel, the Town’s Tax Collector. The new proposal requests the renting of one of the Town Hall offices to perform school tax collection duties, in the event she secures the return of the collection within Town. Attorney Trask noted that he just received the proposal. Trask explained that he had problems with the proposal because it was no different than a private individual coming into the Town Hall to operate a tax preparation business. Discussion continued. Issues that Trask was unsure of after reviewing the proposal were addressed, such as the fact the Town computers would not be used in the collection and a special computer would be purchased strictly for school tax collection. It was also noted that the person collecting (Deputy Ostrowski) would not be performing any Town duties during the collection and would therefore be off Town payroll. The Town Attorney noted that since he now had these clarifications, he would look into the Town’s ability to rent space to the Town’s Tax Collector Barbara for the school collection. Supervisor Pero questioned if the Board would like to approve the proposal contingent on approval of the Attorney. Deputy Ostrowski mentioned that time was of the essence in their decision in order to give the Lake Shore School District adequate notification. Councilman Gier was strongly against approval and moved to table the proposal until the Attorney had time to review it. Councilman Clark seconded the motion. 4 ayes, 0 nays. TABLED. Grounds Maintenance Bids: Supervisor Pero informed the Board that he had a discussion with SAK regarding the large increase in his bid for the maintenance contract. The discussion ended with an agreement to lower the bid to $17,500 from $18,850.00. Since SAK was the only bidder, the negotiation was legal. Supervisor Pero moved to accept the new bid amount, and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-aye, Councilman Kaczmarek-abstain. 3 aye, 1 abstain. MOTION CARRIED. Inactive Records Room: The Town Board inadvertently overlooked the vote to accept the following quotes received for the Inactive Records room during the February Town Board meeting: • Minor remodeling: Ron Kmiotek bidding $8,200.00 • HVAC climate control: RM Heating/AC & Refrigeration bidding: $9,987.00 Supervisor Pero moved to accept the above bids, and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED. Community Services (Group Home Housing): Supervisor Pero began to discuss his correspondence and meeting with the individuals responsible for the application for the building of a State run group home within the Town of Brant. He advised them of the lack of water in the area where they proposed their project. The officials working on the project prefer an area not populated with children. Supervisor Pero took them to the site of the old Community Church of Christ location on Route 5. He advised that the location is less populated and has public water, sewer, etc. CEO Brecker had also proposed other locations that would be less populated. One location he suggested was on Maiden Lane, and one was across from the water tower in Farnham. Attorney Trask reminded the Board that the Town and Village have a local law regarding the restrictions placed on convicted sex offenders from residing in a location within so many feet of where children live, or congregate. He will look into the laws. It was discussed that Community Services is a private agency sanctioned by the State. Resident Joe Gardyjan residing on Cain Road expressed concern about the location next to his home which was their original choice. He stated that the water table that supplies his well was not a very good supply of water and that their use would cause his well to go dry. He added that St. Anthony’s Cemeteries’ well is always going dry also. He then noted that children ride their bikes at all hours on their way to Evangola Park and added that vehicular traffic is very congested at this location. He was adamantly against the home being built near his home. Supervisor Pero added that the neighbor across the street from the Cain Road location also has five children at his residence. Old Town Hall Appraisal & declare as surplus: Supervisor Pero read the Market Analysis received from local real estate agent Lynda Mason. She placed the Fair Market Value of the 1294 Brant North Collins Rd location at $162.000. The Board will attempt to private sale it by bid requests and will consider using a real estate agent if their attempts are unsuccessful. Supervisor Pero moved to declare the Old Town Hall surplus and advertise the location for sale by sealed proposals to be opened April 30, 2013 at noon in the Town Clerk’s Office. His motion was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED. Employee Handbook: The Board set a Special Workshop for the Employee Handbook on April 17, 2013 at 6:30 PM in the conference room of the Town Hall. No other business will be discussed. Easter Egg Hunt: Reminder that the Easter Egg Hunt will be held at the Town Hall on Palm Sunday (March 24, 2013) at 1:00 PM. Highway Superintendent Joe Giambrone will bring a large coffee pot. CDBG update: Supervisor Pero announced that although the Town was approved for the ADA improvements, however, we won’t know if the HUD money is going to be released until April. NEW BUSINESS Senior/Youth exercise program: Councilman Kaczmarek stated the curtain is now up in the Gym area. He then asked the Board to approve the use of the Gym area for a traveling basketball league consisting of approximately 13 kids. Their use would consist of 3 nights per week, 2 hours each night. As a benefit, Councilman Kaczmarek would then be present to allow the seniors to use their exercise equipment at the same time on the other side of the curtain. Acting as a monitor for the seniors, he added that he was First Aid certified and also has a defibulator that he will be receiving on the 17th. He requested Monday, Wednesday and Friday evenings (6 pm to 8 pm) starting March 27th. Supervisor Pero stated that he will start advertising that the seniors can work out on the equipment during these hours and dates. Supervisor Pero moved to approve the use of the gym by the traveling basketball league, as stated above. Councilman Clark seconded the motion and added that any insurance concerns must be reviewed by the Town Attorney. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye. 4 ayes, 0 nays. MOTION CARRIED. MISCELLANEOUS: Traveling food pantry will be present at the Rec bldg. on March 20th 1:30 to 3:30 pm. NYS Justice Courts submitted a letter requesting the Town add Justice Peter Gugino as a signor on Justice Crouse’s Regular Account 912212-000 and Bail Account 912212-001 during her illness. Attorney Trask asked if Gugino checked with OCA to be sure it was ok because he wasn’t sure if it can be done under OCA rules. Supervisor Pero stated that Justice Gugino already checked with them. It does require Supervisor Pero to send a letter to HSBC (now Key bank) requesting the change and stating the Town Board approved it. Supervisor Pero motioned to approve the request and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Per-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED. Background checks for those employed in Town youth programs. Supervisor Pero addressed a letter he received regarding the State’s new policy requiring Municipalities to conduct background checks on any individual working around children. The State will audit Towns to ensure that policies have been put in place. Supervisor Pero will contact Rec Director Fininzio, Assistant Rec Director Turner and the Police Chief to put together a form for applicants to begin the background check process. The process must be repeated annually. Attorney Trask emailed the Board with eight points that any good policy would contain. Supervisor Pero will put together a policy to adopt. Parks Grant audit: Supervisor Pero received a contract from Brock, Schecter and Polacoff an auditing company. He was requesting the Board approve allowing him to sign the contract that would allow the company to audit the Park Grant so that at its conclusion, the Town would receive the Grant money. He spoke with the State about allowing Joe Ostrowski conduct it but certification is retired so he is unable to do it. Supervisor Pero gave the contract to Attorney Trask to review for the April meeting. REPORTS OF COMMITTEES: Brant Summer Festival meeting: Supervisor Pero spoke of the meeting held the day before to discuss the Brant Summer Festival. Items discussed were: A Diva Show will be held on Friday night. An Antique Tractor Pull will be held on Sunday. A Parade will be held on Sunday at noon. Councilman Kaczmarek spoke about the demonstrations that will be held on Saturday. There will also be a record setting event held during the Brant Festival. General Ledger program: A meeting would soon be held between Supervisor Pero, his Secretary Michele, Richard Gryksa (Town Accountant) and Town Clerk Barbara and the sales people from Williamson Law. Williamson Law contacted Supervisor Pero regarding the general ledger program. Attorney Trask asked if this new program would replace the one we now have. Supervisor Pero answered yes. TOWN BOARD REPORTS: Councilman Gier: Working on putting a proposal together for the paving of the front lot of Town Hall, the Municipal Garage and the small side lot where the judges park. Also some future work at the park. ($40,000 to 45,000) He is preparing square footage figures right now. Councilman Kaczmarek: Working on the Summer Festival plans, and the traveling basketball team project, along with the senior workout project at the rec gym. Councilman Clark: Nothing to present. Privilege of the Floor – Patty Friend questioned why they want to put the Group home in Brant. She is concerned about the pedophiles. Supervisor Pero answered that they want the home in a rural location. Correspondence: • Received the license for the Tower from the FCC • Time Warner is restructuring internally, and our area will now be part of their North East LLC • Time Warner letter announcing the change in the format of their channels. • Rural Transit will hold their luncheon on April 24th. The Mayors and Supervisors are invited. • Letter from Assemblyman David DiPietro introducing himself and offering help if we need it. • NYS Dept of Labor regarding Disaster coordination advising the Town of laws that require that Fire Fighters have an emergency escape system when they are fighting a fire. The letter advised of training available, including a link. Abstract 3 of 2013 *Prepaid and unpaid as of March 11, 2013 Gen Fund Town wide Vouchers pd: #72-81 &117, 118, unpd#82-116 Totaling: $63,956.67 Gen Fund – Part Town Voucher, pd: #6, unpd #7-10 Totaling: $12,550.04 Highway T.W. Vouchers pd: #16, unpd#17-23, Totaling: $28,942.67 Highway P.T. Vouchers, pd None, unpd None, Totaling: Fire Protection: Vouchers: unpd: None Street lighting: Voucher pd, #1: $2,961.11 Lotus Bay Sewer Dist 1: Vouchers: None Brant Farnham Sewer Dist: None Brant Water Dist 1: None Special Grant Fund: None Capital Projects: Vouchers: None General Town Wide Payroll 01/27/13 - 02/23/13 Totaling: $38,441.01 General Part Town Payroll 01/27/13 - 02/23/13 Totaling: $605.74 Highway Payroll TW 01/27/13 - 02/23/13 Totaling: $12,325.66 Highway Payroll PT 01/27/13 - 02/23/13 Totaling: none A Motion was made by Councilman Gier, seconded by Councilman Kaczmarek to approve Abstract #3 of 2013. Roll Call: Councilman Gier -aye, Councilman Kaczmarek -aye, Councilman Clark-aye, Supervisor Pero- aye. 4 ayes, 0 nays. MOTION CARRIED. A Motion was made by Councilman Gier, seconded by Councilman Kaczmarek to adjourn the meeting at 8:55 PM. MOTION CARRIED. Respectfully submitted by, Barbara Daniel Brant Town Clerk