MINUTES OF 1/14/14 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, January 14, 2014 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
Chad Kaczmarek Councilman
Donald Clark Councilman
Jeffrey Gier, Councilman
Mark DeCarlo, Councilman
William J Trask, Sr. Town Attorney
Lynda Ostrowski, Deputy Town Clerk, Recording Secretary

Absent were: Barbara Daniel, Town Clerk (death in family)

Also present and signed in were:

Donald Hepkins Police Chief
Joseph Ostrowski Planning Board Chairman
Patricia Friend, Town Historian
Janice Ross Planning Board member
Joseph DeCarlo, Assessor
Lee Brunelli, resident
Brian Rott Resident
Debra Ritz Resident
Rachel DeGroff
Charles Arrigo, resident
Joseph Giambrone, Highway Superintendent
Allen Nolan, Building Superintendent
Frank Broughton, Resident
Kiley Nolan, Resident
Nicholas Burbige, resident
Brian Campbell, SUN reporter

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

MINUTE APPROVAL December 10, 2013 Regular Town Board meeting and the January 6, 2014 Organizational meeting.  Supervisor Pero mentioned three corrections that were needed for the Organizational minutes.  
1)	Karen Kary should have been Karen Herc
2)	The Assessor’s clerk Janet Bowman’s pay should have increased to $12.82/hour
3)	Patrolwoman Tracey O’Donnell’s pay should have gone from $16.00/hr to $16.22/hr.

Councilman Clark motioned to accept the minutes of both meetings, with the corrections noted in these minutes. He was seconded by Councilman Gier.  5 ayes, 0 nays. MOTION CARRIED.


SUPERVISOR’S FINANCIAL REPORT: Councilman Gier moved and was seconded by Councilman Kaczmarek, to accept the Supervisor’s November 2013 Financial Report as presented.   5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S FINANCIAL REPORT: Councilman Gier moved to accept the Town Clerk’s November 2013 Financial Report as presented, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays. MOTION CARRIED.

BUDGET MODS: Supervisor Pero read his budget modifications as listed below. Councilman Clark motioned to accept the November 2013 budget mods as presented, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays. MOTION CARRIED.


TO:	Leonard Pero, Supervisor, Town of Brant		01/05/14
					
FROM:	Richard A. Gryksa MBA, Town Accountant		
					
SUBJECT:	Recommended Budget Modification # 10 as of :	November-13	
					
	Please make a resolution at the regular Town Board meeting on January 14th 2014 to approve the
	following change(s) to the 2013 Adopted Budget.		
					
Budget	Dec From/	Fund Account	Amount
Modification	(Inc) To	Code	Description	Object	Over Budget
General Fund - Townwide (A)
 $         47.00 	Decrease	A1621.1	New Town Hall	Pers Serv	
 $        (47.00)	Increase	A1620.11	Superintendent of Bldngs & Grounds	Pers Serv	 $         46.70 
					
 $         61.00 	Decrease	A1621.1	New Town Hall	Pers Serv	
 $        (61.00)	Increase	A1620.4	Old Town Hall	Contr Expend	 $         60.60 
					
 $     3,851.00 	Decrease	A1621.1	New Town Hall	Pers Serv	
 $    (3,851.00)	Increase	A1621.11	New Town Hall-Custodian	Pers Serv	 $    3,850.04 
					
 $       371.00 	Decrease	A1660.4	Central Storeroom	Contr Expend	
 $      (371.00)	Increase	A1670.4	Central Print & Mail	Contr Expend	 $       370.75 
					
 $       230.00 	Decrease	A3120.11	Police (Officers,Guards,Inspec)	Pers Serv	
 $      (230.00)	Increase	A3120.13	Police-Court Appearences	Pers Serv	 $       229.05 
					
 $       122.00 	Decrease	A3120.11	Police (Officers,Guards,Inspec)	Pers Serv	
 $      (122.00)	Increase	A3315.1	Stop DWI-Police PLP	Pers Serv	 $       121.09 
					
 $       444.00 	Decrease	A3120.11	Police (Officers,Guards,Inspec)	Pers Serv	
 $      (444.00)	Increase	A3315.11	Stop DWI-Police Contract	Pers Serv	 $       443.53 
					
 $     8,700.00 	Decrease	A1621.2	New Town Hall	Equip & Cap Out	
       4,000.00 	Decrease	A5132.4	Garage	Contr Expend	
 $  (12,700.00)	Increase	A5132.2	Garage	Equip & Cap Out	 $  12,700.00 
					
 $       116.00 	Decrease	A7110.4	Parks	Contr Expend	
 $      (119.00)	Increase	A7110.1	Parks	Pers Serv	 $       118.53 
					
 $         42.00 	Decrease	A7180.2	Special Recreation Facility-Pool	Equip & Cap Out	
 $        (42.00)	Increase	A7180.4	Special Recreation Facility-Pool	Contr Expend	 $         41.41 
					
 $     1,000.00 	Decrease	A7510.4	Historian	Contr Expend	
          369.00 	Decrease	A1990.4	Contingent Account		
 $    (1,369.00)	Increase	A7520.4	Historical Property	Contr Expend	 $    1,369.00 
					
 $       290.00 	Decrease	A1990.4	Contingent Account		
 $      (290.00)	Increase	A7550.4	Celebrations	Contr Expend	 $       289.44 
					
 $     2,156.00 	Decrease	A1990.4	Contingent Account		
 $    (2,156.00)	Increase	A9010.8	State Retirement System(ERS)	Employee Benefits	 $    2,156.00 
					
					
					
 $     2,117.00 	Decrease	A1990.4	Contingent Account		
 $    (2,117.00)	Increase	A9015.8	Police & Fire Retirement System	Employee Benefits	 $    2,117.00 
					
 $       440.00 	Decrease	A9730.7	Bond Anticipation Notes-Interest	Debt Service	
 $      (440.00)	Increase	A9060.8	Medical & Dental Insurance	Employee Benefits	 $       439.76 
					
 $   23,100.00 	Decrease	A9950.9	Transfer to Capital Projects Fund		
 $  (23,100.00)	Increase	A9901.9	Transfer to Other Funds		
	Interfund transfer to Highway-Townwide to cover expenses over budget  due to the unanticipated
	weather conditions.			
Highway - Townwide (DA)
 $       480.00 	Decrease	DA9730.7	Bond Anticipation Notes-Interest	Debt Service	
 $      (480.00)	Increase	DA9010.8	State Retirement System (ERS)	Employee Benefits	 $       480.00 
					
 $   23,100.00 	Increase	DA5031	Interfund Revenue		
 $    (4,335.00)	Increase	DA5130.2	Machinery (Radios)	Equip & Cap Out	
     (10,646.00)	Increase	DA5142.1	Snow Removal 	Pers Serv	
      (5,421.00)	Increase	DA5142.4	Snow Removal 	Contr Expend	
         (750.00)	Increase	DA9030.8	Social Security 	Employee Benefits	
      (1,948.00)	Increase	DA9060.8	Medical & Dental Ins 	Employee Benefits	
	Interfund transfer from General Townwide to cover expenses over budget	
					
Highway - Part Town (DB)
 $       294.00 	Decrease	DB9030.8	Social Security	Employee Benefits	
 $      (294.00)	Increase	DB9010.8	State Retirement System (ERS)	Employee Benefits	 $       294.00 

COURT CLERK’S NOVEMBER 2013 FINANCIAL REPORTS FOR JUSTICES GUGINO & CROUSE: Councilman Gier moved to accept the Court Clerk’s NOVEMBER 2013 Financial Report for Justices Gugino & Crouse. Supervisor Pero seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S DECEMBER 2013 REPORT: Code Officer Gary Brecker read December 2013 report.   Supervisor Pero moved to approve the report as read, and was seconded by Councilman Gier. 5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S DECEMBER 2013 REPORT: Liaison to DCO Daniel’s read the December Dog Report.  Councilman Clark motioned to approve the report as presented, Councilman Gier seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT DECEMBER 2013: The December 2013 police report was read by Police Chief Donald Hepkins. Councilman Gier moved to accept the December Police report, and was seconded by Supervisor Pero.  5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR DECEMBER 2013: The Town Clerk’s monthly activity report for December 2013 was read by Deputy Clerk Ostrowski. The report also requested the Town Board approve payment of on-site tech support for a Time Warner issue by David Sink.  Since the issue was found to be unrelated to his prior work to the Network, the Clerk felt that not only should he receive payment for his diagnosis time, but also 1 hour travel time.  Supervisor Pero moved to approve payment to IT David Sink.  Councilman Gier seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.  

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

Planning Board Report: No meeting held

Zoning Board Report:  No meeting held

Recreation Director Report: None presented.

Parks Commissioner report: None presented

Town Historian Report: Town Historian Patricia Friend read the December 18, 2013 minutes of the Historical Meeting.   Supervisor Pero moved to approve the minutes, and was seconded by Councilman Gier. 5 ayes, 0 nays. MOTION CARRIED.

Fire Department Reports: None presented.
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Senior’s Report for December 2013. Due to weather, no January meeting was held by the Brant Farnham Seniors.  Joseph Ostrowski presented findings from the recent audit conducted by the Senior’s Audit Committee (Joseph Ostrowski, Janice Ross, Maryann Wargula) in accordance with the Organization’s By-Laws.  The audit, bearing the signature of Joseph Ostrowski and Janice Ross covered January 1st 2013 to November 6th, 2013.  

The audit report can be viewed below:

Brant Senior’s Audit Report
December 1, 2013

We have examined the records of the Brant Senior’s for the period January 1, 2013 to November 6, 2013.  Our audit was conducted in accordance with generally accepted accounting principles with conformity to the By-Laws with the following:

Findings:

The By-Laws, Section IV, specify “The Treasurer shall be responsible for the monies, custody and disbursement of all the funds of the organization as members shall specify.  The Treasurer is to receive all monies due the organization, give her receipt of the same, and pay all bills against the organization.  The bank account will require the signature of two officers.  The Treasurer, President or Vice President, Chairperson or Co-chairperson of the committee.”

1)	We found that the Treasurer did not receive any of the monies collected for any day trips or big trips.  We were informed that separate records exist for these trips, as well as the picnic and the Christmas party.  The keeping of such separate records is a direct violation of the By-laws as quoted above and should be corrected immediately.
2)	We found that one check on the Travel account was signed by the President but not signed by a member of the Travel committee.
3)	The Treasurer did not receive any supporting check off list for the deposit of $253.00 for the picnic.
4)	We found that the Travel account records were only complete through September 21, 2013, while the Operating account was complete to November 6, 2013.
5)	We found an apparent overpayment was made to Maxima Tours was refunded in the amount of $1,154.00 but there was no indication on the supporting documents of how or why this overpayment occurred.  

Ostrowski noted that the response from the Senior’s was that they will change their By-Laws.  Supervisor Pero directed Councilman Clark, Liaison to the Senior’s, to look into the Audit findings with the Organization and update the Board at the February meeting.  No Board vote was conducted.

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ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS: Rachel DeGroff, Cheer Coordinator for Lake Shore Youth Football was introduced by Councilman Kaczmarek.  He noted that she was coordinating Tumbling & Cheerleading classes for February through the end of May.  He added that the function is covered under the Lake Shore Youth Football insurance policy.  Ms. DeGroff explained that the Tumbling classes would be used as a fund raiser to help fund the Lake Shore Youth Football team and will benefit the community.  The request was for the use of the Senior Recreation Building.  She would like classes to be held 2 hours per night, 2 nights per week, excluding weekends.  Also, any dates that might conflict with a rental would be adjusted to accommodate the rental.  Councilman Gier asked if there will be a sign up sheet to ensure that their insurance will cover them.  Councilman Kaczmarek added that they should be able to cover the utilities with the fees they collect for the classes.  The Councilman also stated that it will first be on a trial basis to determine attendance.  Attorney Trask stated that no activity should occur until proof of insurance coverage is given to the Town.

Supervisor Pero motioned to approve the use of the Sr. Rec. Building for the Tumbling classes after an Agreement is drafted by the Town Attorney, and provided the utility bills will be covered.  Councilman Clark seconded the motion.  A roll call vote was taken:  Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-abstain, Councilman Gier-aye, Councilman DeCarlo-aye.  4 ayes, 0 nays, 1 abstain.  MOTION CARRIED.

Following the vote, Attorney Trask decided that since there is already an agreement between the Town of Brant and Lake Shore Youth Football, he will draft an Addendum to the Agreement, since LSYF is the sponsoring agency. 

OLD BUSINESS

GUGINO COMMITTEE & CENTENNIAL COMMITTEE UPDATE: 
Councilman Gier hasn’t heard back from Mr. Muggs regarding the wall plaque for Justice Gugino.  He will call again.  Supervisor Pero would like to hold the dedication of the Court room during better weather.  March or April will be fine.
NEW BUSINESS:

APPROVAL TO PAY ASSOCIATION OF ERIE COUNTY GOV’T DUES: Supervisor Pero motioned to approve the payment of the Annual dues of $200.00 to the Association of Erie County Government.  The approval should have occurred during the Organizational meeting but was omitted in error.  Although it has been paid, he wanted Board approval.  Councilman Kaczmarek seconded the motion.    A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

NEW YORK CITY VOUCHER PAYMENT APPROVAL: Supervisor Pero asked for Board approval to pay a voucher for training in New York City.  The voucher is approximately $1,500.00.  Councilman Clark motioned to approve payment and was seconded by Councilman Gier.  A roll call vote was taken: Councilman Clark-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

MISCELLANEOUS:

CHANGE OF TOWN BOARD MEETING START TIME:  Supervisor Pero asked the Board if they would consider changing the start time of the monthly Town Board meetings at 7:00 PM during winter months effective at the next meeting.  Winter hours would then be November through May.  Summer hours (start time 7:30 PM) would return again from June to October.  Supervisor Pero motioned to accept the time changes.  Councilman DeCarlo seconded the motion.  A roll call vote was taken:  Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye.  5 ayes, 0 nays.  MOTION CARRIED.

APPOINTMENT OF RALPH MASLACH AS PATROLMEN:  Councilman Clark motioned to approve the hiring of Ralph Maslach as patrolman at a rate of $15.75/hour for six months, and $16.22 after six months.  Supervisor Pero noted that Mr. Maslach is a fifteen year veteran of Evans Police and is being appointed as patrolman, on an as needed basis, at the request of Chief Donald Hepkins.  Councilman DeCarlo seconded the motion. A roll call vote was taken.  Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Gier—aye, Supervisor Pero-aye.  5 ayes, 0 nays. MOTION CARRIED.

APPROVAL TO PURCHASE BATTERY BACKUP FOR TOWN HALL PHONE SYSTEM:  Supervisor Pero received a faxed quote from Time Warner to replace the battery backup used by the Phone System.  Building Superintendent Allen Nolan addressed recent issues with the phone system that led back to a defective backup battery system.  Attorney Trask asked about warranty.  Nolan noted the three year warranty on the phones but one year warranty on the system.  The quote was in the amount of $624.00.  Councilman Gier motioned to accept the quote, and was seconded by Councilman Clark.  Pero also noted it would need to be a pre-pay.  A roll call vote was taken: Councilman Gier-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

RESIGNATION LETTER FROM MICHAEL McCARTHY (PATROLMAN): Supervisor Pero received a letter of resignation from Patrolman Michael McCarthy.  Due to a conflict with another job, he has submitted his resignation.  Supervisor Pero moved to accept the resignation 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 DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

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TOWN BOARD REPORTS: 

Councilman Gier: Councilman Gier discussed allowing Town not-for-profit organizations to use the cafeteria during court nights and other events to conduct a café based non-profit fund raising function.  To defray Town expense of hosting the event, he suggested the Town donate a Kurig coffee maker to sell coffee during each fund raiser.  Councilman Clark felt it would be awkward.  Councilman DeCarlo felt it would be a good idea if done right.

Gier noted that he received no report for the fire departments.  He also reminded the Board that a letter must be drafted to send to dispatch to advise them that Farnham is now servicing all of Brant for Ambulance calls and should be the first call for 911.  North Collins is now a pay as you go ambulance service and should only be called if Farnham is unable to respond to a call.

Councilman Clark: Noted that the Brant Vol. Fire Co. held their elections and most of the officials remained the same.  Hector remained as President.  

Councilman Kaczmarek: Nothing to report.

Councilman DeCarlo: Nothing to report.

Supervisor Pero: Spoke with Senator Grissanti’s office in an effort to seek funding for the recent storm damage.


RECOGNIZED PRIVILEGE OF THE FLOOR: No one spoke.


CORRESPONDENCE: 

Supervisor Pero read the 2013 Grant Report from Grant Writer Connie Miner.  Supervisor Pero instructed Deputy Ostrowski to place a copy of the Grant Report in each Councilman’s mailbox.

Supervisor Pero noted that he received the final Audit Report associated with the Park Grant.  Town auditor Joseph Ostrowski had reviewed the report and explained that the Auditors noted they had stepped outside the scope of the audit.  The report mentioned that they had gotten into a lot of verbage dealing with internal control of the Town.  The audit was intended for the Grant only, not the rest of the Town.  He concluded that the report found no problems with the Grant.  

Supervisor Pero read a letter from the Village of North Collins Mayor Vincent George thanking the Board for the three year Fire contract with the Village.

Supervisor Pero addressed an email he received from Village of Farnham Trustee Jere Hoisington.  Hoisington alerted the Supervisor to recent break-ins happening in the Village.  One house was broken into.  An attempt to steal a four wheeler was thwarted by the home owner.  Police Chief Hepkins noted that he spoke with Hoisington.

Supervisor noted a water problem in the basement that has been taken care of.

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Supervisor Pero read Abstract 13 of 2013: 

Abstract 13 of 2013

*Prepaid and unpaid as of January 14, 2014
Gen Fund Town wide Vouchers pd : 642-650, unpd#651-693 Totaling: $38,318.50 
Gen Fund – Part Town Voucher, pd: None, unpd #54-58  Totaling: $7,855.89 
Highway T.W. Vouchers pd: #107-108, unpd#109-117, Totaling: $19,784.19
Highway P.T. Vouchers, pd: None
Fire Protection: Vouchers: None 
Street lighting: Voucher  pd, #12:   $3,165.85
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: None
Brant Water Dist 1: None
Special Grant Fund: unpd: #1-3, Totaling: $11,066.96
Capital Projects: Vouchers: None

General Town Wide Payroll 11/17/13 - 12/28/13 Totaling: $36,271.53
General Part Town Payroll 11/17/13 - 12/28/13 Totaling: $684.87
Highway Payroll TW 11/17/13 - 12/28/13  Totaling: $14,285.86
Highway Payroll PT 11/17/13 - 12/28/13 Totaling: none

Councilman Clark motioned to approve Abstract 13 of 2013 as read by Supervisor Pero.  He was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

Supervisor Pero read Abstract 1 of 2014 and noted that one of the vouchers in the amount of $136.50 needs further review before payment, thereby making the Total of G.F. T.W $13,050.07 instead of $13,186.57:

Abstract 1 of 2014
*Prepaid and unpaid as of January 14, 2014
Gen Fund Town wide Vouchers pd : None, unpd#1-27 Totaling: $13,186.57 
Gen Fund – Part Town Voucher, pd: None, unpd #1-3  Totaling: $6,520.00 
Highway T.W. Vouchers pd & unpd: None
Highway P.T. Vouchers:  None
Fire Protection: Vouchers: None 
Street lighting: Vouchers:  None

Councilman Gier motioned to approve Abstract 1 of 2014 as read by Supervisor Pero.  He was seconded by Supervisor Pero.  A roll call vote was taken: Councilman Gier-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

At 8:25 PM, Supervisor Pero motioned to enter executive session to discuss personnel issues.   Councilman Gier seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

At 8:56 PM, Supervisor Pero motioned to close the executive session and was seconded by Councilman Gier. 

Supervisor Pero then motioned to adjourn the meeting in memory of Councilman Clark’s son-in-law Jason DeJoy, who recently passed away.  The entire Board seconded the motioned. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk