Minutes of the May 14, 2013 Town Board meeting

This Regular Meeting of the Brant Town Board was held on Tuesday May 14th, 2013 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.

Leonard K. Pero		Supervisor
Jeffrey Gier		Councilman
Donald Clark		Councilman
Clark Borngraber	Councilman
William J Trask, Sr.	Town Attorney
Gary Brecker		Code Enforcement Officer
Donald Hepkins		Chief of Police
Barbara J. Daniel 	Town Clerk, Recording Secretary

ABSENT WAS:               Chad Kaczmarek	     Councilman


Joseph Ostrowski	Planning Board Chairman
Lynda Ostrowski	Deputy Clerk
Diane Czyz		Deputy Clerk
Kirk Ritz		Resident
Ron Kobel		Resident
Joseph Giambrone	Highway Superintendent
Lee Brunelli		ZBA member
Janice Ross		Planning Board member
Brian Rott		Resident
Debra Ritz		Resident

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

	Prior to the approval of the minutes of April 9 2013, Supervisor Pero noted a request from Councilman Donald Clark to replace the “He” at the beginning of the ninth sentence of Brecker’s statement with Gary’s name.   Supervisor Pero then noted a typo on page 54 in the Historical report where March and April are mentioned.  Remove April.  Then on Page 56 Supervisor Pero asked to have it noted under “Town Debt” that the $90,000.00 owed on the BAN is at a rate of .75% and that the Truck BAN is at a rate of .75% and the New Town Hall BAN is at a rate of 1%.  He then noted a typo on page 58. One last item to be corrected was to Councilman Borngraber statement that there will be no expense to the town including fuel, which should be except fuel.

MINUTE APPROVAL APRIL 9, 2013: With the changes noted, Supervisor Pero motioned to accept the minutes of the April 9th, 2013 Town Board meeting, and seconded by Councilman Clark.  MOTION CARRIED.

	Councilman Gier moved and was seconded by Councilman Borngraber, to accept the Supervisor’s March 2013 Financial Report as presented.  4 ayes,  0 nays. MOTION CARRIED.
	Supervisor Pero read his read budget mods and listed below.  The modifications were a result of the work being done to convert to the new ledger software.  Councilman Gier motioned to accept the budget mods as presented, and was seconded by Councilman Clark.  A roll call vote was taken: Councilman Gier-aye, Councilman Clark-aye, Councilman Borngraber-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

A copy of the following budget mod is filed with the Town Clerk:
TOWN CLERK’S FINANCIAL REPORT & TAX COLLECTION STATUS REPORT: Councilman Gier questioned the tax refunds that were issued.  Clerk Daniel stated that when banks pay their escrows, occasionally we find that a resident paid their own bill already.  In this event, we deposit the entire check from the bank (or any overpaying customer) and then refund the overpayment after their check clears.  Supervisor Pero moved to accept the Town Clerk’s April 2013 Financial Report and the 2013 Town/County Tax Collection Status report as of April 30, 2013, and was seconded by Councilman Gier.  MOTION CARRIED.

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

	CEO Gary Brecker presented his April 2013 Code Enforcement Officer Report.  Supervisor Pero then moved to approve the report as read, and was seconded by Councilman Borngraber.  4 ayes, 0 nays.   MOTION CARRIED.

	Dog Control Officer Barbara Daniel read her Dog Control Report. Supervisor Pero moved to accept the Dog Control Officer’s report for April 2013.  The motion was seconded by Councilman Gier.  4 ayes, 0 nays.  MOTION CARRIED.

	The April 2013 Police report was read by Police Chief Donald Hepkins.  He stated that a seatbelt enforcement effort will be conducted from May 20 to June 3rd.  He also mentioned that he permitted Brant to patrol Evans during the Funeral of Officer Frederick Garassi.  Supervisor Pero moved to accept the March report as presented, and was seconded by Councilman Kaczmarek.   4 ayes, 0 nays.  MOTION CARRIED.

The Clerk presented the Town Clerk’s monthly activity report for April 2013.  Discussion from Supervisor Pero regarding the two phone calls to the Town Clerk’s office noted in the Town Clerk’s report where the callers requested information about property on Erie Road across from Detroit Street.  The first caller wanted to know if the property had public water and a second caller wanted to confirm ownership.  Clerk Daniel noted the possibility that the callers were from Community Services.  Supervisor Pero expressed concern that a call from one of the board members may have re-opened the issue that he thought was closed.  Councilman Clark disagreed with Supervisor Pero’s statement that he, or someone on the Board, had contacted the Group Home.  Supervisor Pero responded what am I incorrect about?  He then asked Councilman Clark if he did call.  Councilman Clark responded to move on with the meeting and moved to accept the Town Clerk’s Report to the Board and was seconded by Councilman Gier.  4 ayes, 0 nays.  MOTION CARRIED

Planning Board Report for April 23: No meeting was held in April  

Zoning Board did not meet in April 2013.

Recreation Director Report:  None presented.

Parks Commissioner report: Supervisor Pero stated the recent work done at the Park, such as the shelters are being stained, Groves are being cleaned, pool has been cleaned, park signs for the walking paths were created by the DOT and have been installed, playground fill has been put in, the nature trail is being cut, tables and fences have been painted.  Councilman Borngraber mowed the butterfly garden to allow the flowers to grow.  A park entrance sign and Park rules sign has been ordered for the park entrance.  He will also have a park schedule sign installed on the pond fence.  Local 17 is coming next week to begin work on the parking lot, football field drainage and walking path.   He received a call today from Jason Knight about the CDBG Grant to conduct ADA improvements to the Town Facilities.  He will contact Supervisor Pero next week to start that project.
Councilman Gier moved to accept the Park’s Commissioner Report as presented by Supervisor Pero, and was seconded by Councilman Borngraber.  4 ayes, 0 nays.  MOTION CARRIED

Town Historian Report:  Supervisor Pero read the Historian’s report for April 2013.  In the report, it was mentioned that a donation was received from Beverly Wasmund, which consisted of a photocopy of the 50 year anniversary booklet for Holy Cross Lutheran Church.  It was noted that the Church will be celebrating its 100 year anniversary in 2014.  Also received a curtain stretcher as a donation from Julie Muscato. Councilman Borngraber donated Civil War papers and old photos of his grandfather Morgan L. Borngraber.  Councilman Gier moved to accept the report as read, and was seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

Fire Department Reports: Councilman Gier stated that Brant had 11 calls in April.  He had not received a report from Farnham or North Collins for April. .  Supervisor Pero moved to accept the April report as presented, and was seconded by Councilman Gier.  4 ayes, 0 nays.  MOTION CARRIED.

Senior’s report for May 2013.  Councilman Borngraber read the minutes of the May Senior meeting. Supervisor Pero motioned to approve the minutes and was seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.




	Supervisor Pero presented the proposed new recreation fees for the 2013 season.  No increase will be imposed on Town residents.   

•	The FEES FOR NON-RESIDENTS will be as follows:  

o	1st child was $130.00 is now $150.00
o	2nd child was $115.00 is now $130.00
o	3rd child was $105.00 is now $120.00
o	4 or more children was capped at $405.00 is now capped at $430.00

Councilman Gier moved to accept the new fees as presented above, and was seconded by Councilman Borngraber.  A roll call vote was taken: Councilman Gier-aye, Councilman Borngraber-aye, Councilman Clark-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

•	The 2013 Recreation season will begin July 1st through July August 9th. 
•	Interviews for the Recreation staff will be conducted on Sunday May 19th.  
•	The School bus contract will be discussed in the June meeting.
•	Supervisor Pero motioned to approve the appointment of School Bus drivers Linda Bantle and Doreen Cheney and was seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

BLUE CROSS/BLUE SHIELD:   The changes in the Blue Cross and Blue Shield were discussed with the Highway Personnel who approved the changes.  Supervisor Pero moved to approve the changes, and were seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

OLD TOWN HALL BID RESULTS:  No bids were received in response as of the bid opening date of April 30, 2013.  Supervisor Pero stated that there were two people who expressed interest in the Hall but he did not receive a bid from either.  Since no bids were received in response to the advertisements for bids, the Town Board will now seek proposals from three (3) realtors to sell the property, per the suggestion of Councilman Gier.  

WILLIAMSON LAW SOFTWARE UPDATE :  Supervisor Pero mentioned that conversion to the new Williamson Law software is underway.  He then mentioned that IT person David Sink is in the process of preparing the Server for the new software.

AUDIT:  It was noted that Auditor Joseph Ostrowski will soon begin substantive testing to verify the recording of the Town Clerk financials.  From there he will move onto the Court audit.

HIGHWAY GARAGE AND HIGHWAY LEAN TO:  Supervisor Pero stated Gary Marcinkowski was currently out of Town and will begin the Highway pointing project when he returns.  The work done to the Highway Lean to by Buffalo Red, Inc. has been completed.  He stated that the work can now be paid for.  A motion was made by Supervisor Pero to pay the agreed upon $8,650.00 to Buffalo Red, Inc., and was seconded by Councilman Gier.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-aye, Councilman Borngraber-aye. 4 ayes, 0 nays.  MOTION CARRIED.

PARKING LOT:  Discussion on holding off paving the lots until next year to allow for budgeting.  The Town’s Highway Dept. will fill in the holes and then the Town will have Midland Oil come in and oil and chip it.  Since no estimate had been received from Midland, the oil and chip project will be tabled until next month when figures can be presented to the Board for vote.

PHONES & TIME CLOCK:  Supervisor Pero stated that the time clocks were going to be installed on Thursday.  The Rec & Pool phone numbers will be 549-3100.  Rural Transit fax number will be shared with the time clock with a phone number of 217-8052.  Time Warner will now be servicing the numbers instead of DFT.

LOCAL 17: The work to be done by Local 17 will begin next week, weather permitting.


MEMORIAL DAY CELEBRATION:  Supervisor Pero noted the Town will host a Memorial Day celebration on Monday May 27th at 9:00 am at the Memorial Park.

APPROVAL OF SERVER UPDATES AND PROPOSAL: Supervisor Pero discussed the proposal he received from IT person David Sink.   The proposal included the new server Network and software updates.  The total cost being proposed is $5,059.19.  Councilman Gier motioned to approve the purchase and work, and was seconded by Supervisor Pero.  A roll call vote was taken: Councilman Gier-aye, Supervisor Pero-aye, Councilman Clark-aye, Councilman Borngraber-aye.  4 ayes, 0 nays.  MOTION CARRIED.


UPDATE ON PORT-A-POTTIES:  Clerk Daniel noted an increase in the cost of the port-a-potties being supplied by Ball Toilets.  She noted that since 2011, they provided the Handicap potty for free with the rental of two regular toilets.  For 2011 and 2012 the offer remained.  This year, they have begun charging $150.00 per month for the Handicap unit.  The clerk contacted Roger Gloss, the previous vendor.  He offered to provide the handicap unit for $120.00/month.  Switching to Gloss would bring the cost from the now $270.00/month with Ball to $250.00/month with Gloss.  The Board chose to switch to Roger Gloss.  Supervisor Pero motioned to switch to Gloss and was seconded by Councilman Gier.  4 ayes, 0 nays.  MOTION CARRIED.


Brant Summer Festival meeting:   Supervisor Pero mentioned that the next Brant fest meeting will be held on June 3rd.  He then read some of the items on the Brant Festival Agenda: 

Krolick will be selling their famous fish fry on Friday.  The kick off and dedication of the Brant Fest will begin at 5:30 PM.  A full midway of rides will be available.  Presale tickets will be available at the Town Clerk’s or Town Supervisor’s Office at a cost of $1.20 each in sheets of 10.  If purchased at Brant Festival, they will be 3 to 4 dollars each.  A certain number of tickets have to be sold pre-sale in order to get the midway vendors to attend the event.  

There will be a Diva show in the evening.  A 5k strawberry run will be held to benefit the Madison McCarthy fund.  From 10 AM to 5 Pm the Buffalo Heavies will be competing. Sunday will be Farmers day including a farmers market.   Check with Supervisor Pero for a full listing of events.


Councilman Gier:  He is working with SIAI Communications, Chief Hepkins, and the Highway department to get the radios switched around. He was trying to get a few radios installed in a couple trucks so they could try them out before tonight.  He learned that the Town could lease a repeater tower on Peck Hill at an annual cost of $300. which would allow the Town to eliminate the Tower at the Old Town Hall.   The switch would be between 4-5 thousand dollars as opposed to 10 to 15 thousand dollars if we keep our present system.

Councilman Borngraber: Stated that all the summer concerts are now in place.  He read the list of performers starting July 1st and ending August 12th on Monday nights.  Performers are 23 Skidoo, Judd Sunshine Duo, Panfil Bros., Doug Yeomans Duo, Roadrunners, Niagara Frontier Chord Authority and KoKoMo Time Band.

Councilman Kaczmarek: Absent

Councilman Clark: Discussed a tire pick up inquiry he received.  He began to mention the research he did with Bestway Disposal regarding a tire drop off event for Town residents.  Supervisor Pero interjected that he had been researching tire drop off options with Getter Done for a year.  They compared prices, service options, etc.  Also, in response to Councilman Clark’s email about having Bestway service the cemeteries with dumpsters, he stated that once you do that for one cemetery, the Town will be responsible for all of them.  

Highway Superintendent Joe Giambrone then stated the dumpster at the Highway Barn is too small.  Councilman Gier stated that according to the billing, Bestway was supposed to change the 4 yard dumpster to a 6 yard.  They will check into it.

Supervisor Pero:  Mentioned that Holy Cross Church now owns Brinkman’s old property.  He is looking into helping out with the possibility of turning it into a shelter or food pantry as it would be a great asset to the community.  
Councilman Borngraber worried about a full time tire drop off being un-monitored.  No decision was made on the tire pick drop off options as presented.  Supervisor Pero will get more information for the next meeting.

Privilege of the Floor – Lee Brunelli:  Addressed the Board about his concerns of people parking on the lawn between the Community Building and the Highway Barn.  He asked if the Town could put up signs to prevent it.  Supervisor Pero responded that the Town should consider widening the lot so cars can park diagonally rather than having to park each other in.  Also, keep off the grass signs will be ordered.

•	Erie County Water Authority correspondence regarding the Sanitary Survey which went to Ellsworth Nolan at the Village of Farnham stating all was good with our water system.  Its available for anyone who wants to review it.

Abstract 5 of 2013

*Prepaid and unpaid as of May 13, 2013

Gen Fund Town wide Vouchers pd: #160-172, unpd#173-223 Totaling: $44,976.96 
Gen Fund – Part Town Voucher, pd: none, unpd #14-15 Totaling: $7,477.22 
Highway T.W. Vouchers pd: #37, unpd#38-45, Totaling: $4,439.91
Highway P.T. Vouchers, pd #5, unpd: #6-8, Totaling: $3,008.74 
Fire Protection: Vouchers: unpd: None
Street lighting: Voucher  pd, #5:   $2,456.55
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: Voucher #1, Totaling: $2,000.00
Brant Water Dist 1: None
Special Grant Fund: None
Capital Projects: Vouchers: None

General Town Wide Payroll 03/24/13- 04/20/13 Totaling: $36,294.55
General Part Town Payroll 03/24/13- 04/20/13 Totaling: $645.30
Highway Payroll TW 03/24/13- 04/20/13 Totaling: $4,526.98
Highway Payroll PT 03/24/13- 04/20/13 Totaling: $4,330.38

The Board was also asked to approve for prepayment on Abstract 6, the following 2 vouchers received after the Abstract was completed:

•	NOCO Energy (Police Fuel) $758.06
•	John A. Alessi (BAN paperwork with BS&P Audit) $930.00

A Motion was made by Councilman Gier, seconded by Councilman Clark to approve Abstract #5 of 2013. A Roll Call vote was taken: Councilman Gier -aye, Councilman Clark -aye, Councilman Borngraber-aye, Supervisor Pero- aye. 4 ayes, 0 nays.  MOTION CARRIED.

A Motion was made by the entire Board to adjourn the meeting at 8:38 PM in memory of Officer Frederick Garassi III, Harold McGrath and Dolores Rinaldi, and was also seconded by the entire Board.  MOTION CARRIED.  MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk