Minutes of the April 9, 2013 Reg Town Board mtg


	
This Regular Meeting of the Brant Town Board was held on Tuesday April 9th, 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
Clark Borngraber	Councilman
William J Trask, Sr.	Town Attorney
Barbara J. Daniel 	Town Clerk, Recording Secretary

ABSENT WAS:               Chief of Police (vacation leave)

ALSO PRESENT / SIGNED IN WERE:

Joseph Ostrowski	Planning Board Chairman
Lynda Ostrowski	Deputy Clerk
Kirk Ritz		Resident
Charles Arrigo		Resident
Ron Kobel		Resident
Joseph Giambrone	Highway Superintendent
Beverly Wasmund	Resident & Past Councilwoman
Janet Bowman		Assessor’s Clerk
Lee Brunelli		ZBA member
Janice Ross		Planning Board member
Brian Rott		Resident
Debra Ritz		Resident
Timothy Marien		Resident
Gary Brecker		Code Enforcement Officer
Brian Campbell		Reporter for the SUN

The meeting opened at 7:30 PM with a pledge.  Supervisor Pero noted that now present was resident Kirk Ritz who returned from Florida and Councilman Borngraber who returned from Tennessee.

	Councilman Gier noted an objection to a clerk’s note in the March 12th minutes.  Since it was a clerk’s note, the clerk will remove it per the request since it was something that did not “occur” at the meeting itself.  Another requested change to the March 12 minutes was made by Councilman Clark.  He objected that the minutes did not contain a complete note of the Supervisor’s objections to the application of the Group home being proposed in Brant.  Clerk will note in these minutes that Supervisor Pero’s objection was that some of the handicapped individuals that would be living there were pedophiles and sex offenders, and were such that each resident of the home required their own attendant.   With the objections addressed, a motion was made by Supervisor Pero, and seconded by Councilman Clark to accept the minutes of the March 12, 2013 Town Board Meeting.  MOTION CARRIED.

	Councilman Gier moved and was seconded by Councilman Kaczmarek, to accept the Supervisor’s February 2013 Financial Report as presented.  5 ayes,  0 nays. MOTION CARRIED.

	Councilman Kaczmarek moved to accept the Town Clerk’s February 2013 Financial Report and the 2013 Town/County Tax Collection Status report as of April 5, 2013, and was seconded by Supervisor Pero.  MOTION CARRIED.

	Councilman Gier moved to accept the Court Clerk’s February 2013 Financial Report for Justice Gugino and Justice Crouse.  Councilman Clark seconded the motion.  MOTION CARRIED.

	CEO Gary Brecker presented his March 2013 Code Enforcement Officer Report.  He then spoke on a subject of concern.  CEO Brecker wanted to elaborate on the Group Home application since his phone has been ringing off the wall regarding it.  The group mentioned they can get along without public sewer but not public water.  Therefore, if they choose to build in Brant, water will regulate where they can build.  The contact person informed the CEO that they can only build in certain areas because of the type of clientele they will house, but wouldn’t elaborate.  The original site they had chosen was turned down because there was a family with 5 children living across the road from the site.   This concerned the CEO.  Attorney Trask, through communications with the CEO addressed the Town and Village sex offender law which would require that no such facility be built within 1500 feet of a church or school.  He then stated that he sat in on a phone conversation Supervisor Pero had with the applicant’s spokesperson where he point blank asked if convicted sex offenders would be housed in the Group Home.  She couldn’t elaborate.  But when Pero suggested the old church on Route 5, she stated that it was unsuitable because it was across the street from a miniature golf park.   This increased his concern.   Brecker added that the spokesperson acknowledged the Towns concern but stated that they have a Mental Hygiene law behind them and that they are usually successful when met with opposition.  

Supervisor Pero spoke about the phone conversation with Community Services and he felt it was a good possibility that they were going to move on.  His main concern is the safety of the residents of Brant.   He asked the Town Attorney Trask if a public hearing should be called for the residents.  Trask noted that it would be premature to call one if no location has been identified.  He advised that the Town obtain something in writing from the applicant formally withdrawing the original site as a candidate for the build.  If the applicant does not submit something in writing, then the Town should send them a letter stating that it is understood that the original site is no longer a candidate and that when a new site is chosen, to notify the town in writing of the new location.  This would start the application process again and be a good time for the public hearing.

Councilman Borngraber then moved to approve the Code Enforcement Officer’s  report as read,  and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.   MOTION CARRIED.

	Dog Control Officer Barbara Daniel read her Dog Control Report. Councilman Gier moved to accept the Dog Control Officer’s report for March 2013.  The motion was seconded by Supervisor Pero.   5 ayes, 0 nays.  MOTION CARRIED.

	The March 2013 Police report was read by Councilman Borngraber.  Supervisor Pero moved to accept the March report as presented, and was seconded by Councilman Kaczmarek.   5 ayes, 0 nays.  MOTION CARRIED.

The Clerk presented the Town Clerk’s monthly activity report for March 2013.  Councilman Clark moved to accept the Town Clerk’s Report to the Board and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED

The Town Clerk asked the Board to re-consider reducing the cost of photo copies for the residents.   She suggested the cost of photo copies be brought from .25 cents/copy to .10 cents/copy for B/W and .15 for color copies.    The Town Board stated that if the per copy cost is a problem; there are other locations they can obtain copies from to reduce their cost.

Planning Board Report 3/26/13: Councilman Gier motioned to accept the March 26, 2013 Planning Board Report as presented by Secretary Lynda Ostrowski, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.  

Planning Board Special Meeting 4/1/13:  A special meeting was held to consider the application of Pero Farms to build a “produce cooler” to store produce.  The Planning Board submitted a letter recommending the approval of the project.  Councilman Gier motioned to accept the April 1st, 2013 Planning Board Special Meeting Report as presented by Secretary Lynda Ostrowski, and was seconded by Councilman Borngraber.  5 ayes, 0 nays.  MOTION CARRIED.  

Pero Farms application approval:  Councilman Kaczmarek moved to approve the granting of the permit to build a produce cooler to store farm produce, per the recommendations of the Planning Board/  Councilman Clark seconded the motion.  A roll call vote was taken:  Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman Borngraber-aye, Supervisor Pero-abstained.  4 ayes, 1 abstain.  MOTION APPROVED.

Planning Board Meeting schedule for April 23rd will be cancelled if no documentation for consideration is received by April 12th.

The Zoning Board did not meet in March 2013.

Recreation Director Report:  None.

Parks Commissioner report: None. 

Town Historian Report:   Supervisor Pero read the Town Historians report for March 2013.  The next meeting will be held on March April 17, 2013 at 7:00 PM.  Supervisor Pero moved to accept the report as read, and was seconded by Councilman Borngraber.  5 ayes, 0 nays.  MOTION CARRIED.

Fire Department Reports: Councilman Gier stated that Brant had 13 calls in February and 13 in March.  He received no report from Farnham. 

Senior’s report for April 13, 2013.  Lynda Ostrowski read the minutes of the April Sr. meeting and then announced that AARP will be hosting driver safety courses at the Sr. Community Bldg. starting Saturday, May 4, 2013 at 9:00 Am.  Supervisor Pero motioned to approve the minutes and was seconded by Councilman Borngraber.  5 ayes, 0 nays.  MOTION CARRIED.

ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS:  None spoke.

OLD BUSINESS

SCHOOL TAX COLLECTION:  

Attorney Trask explained that it is an option for the Town to lease space for school tax collection.  It is public space and therefore would require a permissive referendum.  

Supervisor Pero therefore motioned to accept the following resolution:

The Brant Town Board accepts the proposal received from Barbara Daniel to lease separate office space located across the hall from the Office of the Brant Police in the Town Hall for five hundred dollars a month with the Town having no legal responsibility for the tax collection.  The office will be used during the hours of 9 am to 4 pm Monday, Tuesday, Thursday and Friday and on Saturdays from 9 am to 12 pm, matching the hours of the Town Clerk’s Office, starting September 15th through November 30th 2013 for the purpose of collecting School taxes.  The space shall be used in accordance to a lease drawn up with Town Attorney William Trask that shall include special requirements such as proof of insurance, etc. This proposal will be subject to permissive referendum.  
  Councilman Borngraber seconded the motion.  A roll call vote was taken:  Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye.   5 ayes, 0 nays.   RESOLUTION ADOPTED.

The Town Attorney Trask directed the Town Clerk to send him the resolution and that he would draft the public notice.

Sale of Old Town Hall:   Supervisor Pero mentioned that the request for bids for the Old Town Hall has been advertised.  The bid deadline is April 30th, 2013 at noon where they will be opened at noon in the Town Clerk’s Office.

Results of Procedural Audit of Town Clerk’s Office:  The Town Board received a final report of a recent procedural audit of the Town Clerk’s Office.  The audit resulted in several recommendations made by Joseph Ostrowski, who conducted the audit.  The Board will review the report.

Employee Handbook :  Supervisor Pero reminded the Board that a special meeting will be held on Wednesday April 17th at 6:30 PM to discuss the Handbook.  

Park roofs:  Supervisor Pero noted that the Senior Community Bldg. has been completed and noted the nice job done.  He then mentioned that the Lean-to roof will be done when the weather improves, possibly next week.

BS&P Audit:  Supervisor Pero reminded the Board that the contract to allow BS&P audit the Park grant remained unapproved.  The audit needs to be conducted, which will allow the Town to receive their funding.  A motion was made by Supervisor Pero, and was seconded by Councilman Borngraber.  A roll call vote was taken: Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye.  5 ayes, 0 nays.  MOTION CARRIED.

NEW BUSINESS

State of the Town Report:  Supervisor Pero read his State of the Town Report.  He wanted to report briefly on the various Town funds:
•	General Town Wide Fund Revenues: came in at $66,982. over what was budgeted 
•	General Fund TW Expenses: exceeded budget by $1,343.27 (due to over pmt. on BAN)
•	General Fund Part Town Revenues:  came in at $23,959.00 over what was budgeted
•	General Fund Part Town Expenses: were under budgeted projections by $11,083.
•	Highway Fund Town Wide Revenue: came in at $7,577.00 (over what was budgeted)
•	Highway Fund Town Wide Expenses: were under budget by $36,206.00
•	Highway Fund Part Town Revenues: Came in at $13,798.00 (over what was budgeted)
•	Highway Fund Part Town Expenses:  were under budget by $1952.00 
•	Summary: Therefore collectively, the Town Revenues exceeded $112,317.00 over what was budgeted and the Expenses were kept $47,908. under what was budgeted 
•	Therefore the Town experienced an increase of $160,226 in revenues over the budgeted amt.

Town Debt summary:
•	$90,000 owed on Town Hall @ .75%
•	Truck $60,000 owed @ .75%
•	NTH Construction balance owed is $210,000 @1%.  (Will be renegotiated)

Population of Brant: increased by 8% per 2010 US Census

Senior/Youth Exercise Program: Councilman Kaczmarek announced that on Tuesdays and Thursdays, starting May 2nd from 6 to 8 pm for the month of May, the gym area of the rec building will be open for use by the traveling basketball team for practice on one side the court, and the other side of the court will be open for seniors who wish to use the exercise equipment.  Evans Agency will assist with “Letters of Release” for liability reasons.  Those using the facility will be required to sign one.  Lake Shore Youth Football acquired, through a grant, a Defibrillator that can be used during the exercise activities.  The Board was asked to approve the use.
Supervisor Pero motioned to approve the program as stated above and was seconded by Councilman Gier.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Borngraber-aye.  5 ayes, 0 nays.  MOTION CARRIED. 

Highway Garage: Councilman Kaczmarek discussed that the block walls need to be pointed from outside to prevent water entering the building.  They then need to be primed and painted.  Quotes will be sought.  Supervisor Pero suggested the two weather sides be done first.  They will await the costs.

Parking Lot paving:  Councilman Gier spoke about the condition of the front parking lot. He was asked to look into having it re-surfaced.  He had some quick quotes done.  The cost was significant because the whole lot would have to be re-graded and contoured from the sidewalks, and contoured back from the drainage.   There is approximately 25,500’ square footage on the front lot.  He had them quote it with 2 inches of binder, one inch on top after compaction.  The price estimate he received is roughly $44,000.  To put oil and chips on the side where the judges and court Clerks park would cost $2800.00 and the back lot near the garage would be roughly $5,800.00.  Supervisor Pero stated we may have to consider oil and chipping the front again and budget for the project next year, since the cost is so high.  He added that perhaps we can do part of the back area this year.  The subject was tabled for discussion later.

Williamson Law General Ledger Program: Supervisor Pero spoke of the four hour meeting he had with the Town Accountant, his Secretary, the Town Clerk, and the representatives from Williamson Law.  A demonstration of the ledger software was conducted.   Many optional programs were presented during the demo but to keep with the budgeted amount, he will choose the basic Accounting program at $3650.00.  There will be an annual support fee of $908.00 in addition to this.  Councilman Gier motioned to approve the software purchase at $3,650.00 and was seconded by Councilman Borngraber.  A roll call vote was taken: Councilman Gier-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes,  0 nays.  MOTION CARRIED.

Time Clocks:   Supervisor Pero stated that as of April 1st, 2013 all Town employees are required to sign in using the time clocks as required by the Comptroller’s office.  He also requested the Board approve the purchase of another clock to be used by the Recreation staff.  He wanted it installed in the Community Bldg.  The cost will be $3,111.00 to be paid with 50% down to place the order, with balance due upon completion.  The annual fee for the use is $300.00 for the unit.
Supervisor Pero motioned to approve the purchase of the 3rd Time Clock unit to be installed at the Senior Community Building.  He 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.


MISCELLANEOUS: 

Traveling food pantry will now be closed due to lack of interest.  Anyone in need of food is asked to contact the Town Clerk’s Office for more information.

SERVER REPLACEMENT :  The Town Board addressed the need to upgrade/replace the current server as it is inadequate for the Town’s needs.  Also, Sink advised that there was a hacking attempt on the server and he advises new security software (approx. $264/yr that will protect all users). The Board then instructed the Town Clerk to obtain a proposal from IT person David Sink for the server and the software upgrades.  We will vote on it at the May meeting.

Blue Cross/Blue Shield Renewal:   The Town must approve or deny the renewal of the Blue Cross and Blue Shield policy.  The cost will remain $1016.76 to the Town but the employee share will go up by $22.43.  The employee co-pay will also go up from $25.00/ co-pay to a $30.00 co-pay.  The Board will vote on it next month, after the employees have time to review it.

REPORTS OF COMMITTEES:

Brant Summer Festival meeting:   The next Summer Fest committee meeting will be held on Friday, April 19th at 6:30 PM.  Supervisor Pero spoke of the different activities that will be held.  There may be a midway coming this year with 8 to 10 rides.  The Firemen’s water ball competition will be held again, Battle of the Bands to be held on Sunday, and much more.

TOWN BOARD REPORTS:  

Councilman Gier:  He was working on obtaining figures for the paving of the Town Hall lots.  He also looked into the radio tower at the old Town Hall.  It may be obsolete and need to be scrapped.  Decide if it is to be moved or scrapped.  He is waiting for Don Hepkins to return to make the decision.

Councilman Borngraber: Has been in communication with the Village of Farnham regarding an incident that occurred there.  Also he has all the concerts set up for every Monday night in July and the first two in August.  Lynda Mason’s quartet will be performing.  There will be refreshments and 50/50 drawing and profits will go to the SHARE organization.

Councilman Kaczmarek: He is contacting the counselors that worked last year to get a jump on interviews.  He wants to see who wants to come back for this year.  He also attended the Summer Fest meeting.  Also, he stated that he was working on the Defibrillator training.

Councilman Clark: Commended Michele Browning on the fine job on the Easter Egg Hunt noting it was a huge success.

Supervisor Pero:  
Park Cleaning volunteers: Marlene Dinkuhn spoke with him regarding the possibility of allowing a few of the residents of the group home where she works (Rte. 5) come and work in the Town.  They would volunteer in any way the Town needed.  Supervisor Pero thought it would be nice to have them come to help keep the park clean.  He wanted to get the ok from the Town Board to allow the volunteer work 2 times a week.  They can help from June to end of August, possibly September.  He spoke with Ron at Evans Agency who gave him a list of criteria such as naming the hours, who will supervise them and to make sure they have insurance.  Attorney Trask stated that if they are there when the recreation is going; they may need to be background checked.  Supervisor Pero will check to see if they are insured, and he will see that the Town of Brant is named as additional insured. 
Local 17 Park work:  Supervisor Pero spoke about having Local 17 voluntarily work on the walking path, parking lot, football field, baseball field.  He will get a certificate of insurance from them.  Supervisor Pero stated that they would start as soon as the weather improves therefore he wanted the Board approval.  Councilman Don Clark asked if there was any bidding process, and the answer was no since it is all volunteer.  Councilman Borngraber noted that it would be at no cost to the Town, including fuel.  Supervisor Pero stated perhaps they would buy sandwiches for them.  
Councilman Borngraber motioned to approve allowing Local 17 to perform the above mentioned volunteer work.  Councilman Kaczmarek seconded the motion.  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.


Privilege of the Floor – Tim Marien, Brant Farnham Rd.  He questioned why the Town should have volunteers cleaning the park since the Town pays a contractor to do this work.  Supervisor Pero explained that the residents of the Home are excited about being able to do something for the Town.  Marien then stated that the contractor should be cleaning around the pond better.  He also added that he should pull the weeds before he puts down mulch.  Councilman Borngraber responded that allowing the residents of the home perform the volunteer work is a good thing.  If their help was to take too much work away from the contractor, he would object to it.

Correspondence:  
•	Time Warner letter regarding the new line they are running 
•	Brant Post Office update.  Letter received stated that it will not be closed.  Customer survey results:  Starting May 4th, 2013 they will provide 4 hours of window service each week day, 1 PM to 5 PM Monday thru Friday, and 10 AM to 12 PM on Saturday.  Customers will have 24 hours a day access to their mail receptacle.  
•	Letter received from Erie County Association of Government regarding the sales tax.  Current payment as of April 1st is 4.74% above last years, the Year to Date tax receipts are 6.9% above last years.  Pero stated that this will build the Town’s equity since he always underestimates the sales tax revenue.

Abstract 4 of 2013
*Prepaid and unpaid as of April 9, 2013

Gen Fund Town wide Vouchers pd: #119-126, unpd#127-159 Totaling: $135,409.39 
Gen Fund – Part Town Voucher, pd: none, unpd #11-13 Totaling: $7,492.77 
Highway T.W. Vouchers pd: #24-25, unpd#26-36, Totaling: $9,517.38
Highway P.T. Vouchers, pd #4, unpd None, Totaling: $12.97 
Fire Protection: Vouchers: unpd: None
Street lighting: Voucher  pd, #2:   $2574.32
Lotus Bay Sewer Dist 1: Vouchers: #1 Totaling: $200.00
Brant Farnham Sewer Dist: None
Brant Water Dist 1: None
Special Grant Fund: None
Capital Projects: Vouchers: None

General Town Wide Payroll 02/24/13- 03/23/13 Totaling: $37,868.81
General Part Town Payroll 02/24/13- 03/23/13 Totaling: $639.65
Highway Payroll TW 02/24/13- 03/23/13 Totaling: $10,731.00
Highway Payroll PT 02/24/13- 03/23/13 Totaling: none

The Board was also asked to approve for prepayment a voucher received late from Gail Schwartz in the amount of $40.00.  A Motion was made by Councilman Kaczmarek, seconded by Councilman Gier to approve Abstract #4 of 2013. Roll Call: Councilman Kaczmarek -aye, Councilman Gier -aye, Councilman Clark-aye, Councilman Borngraber-aye, Supervisor Pero- aye.  5 ayes, 0 nays.  MOTION CARRIED.

A Motion was made by Supervisor Pero, seconded by Councilman Borngraber to adjourn the meeting at 8:59 PM.  MOTION CARRIED.

Respectfully submitted by,


Barbara Daniel
Brant Town Clerk