MINUTES OF THE TOWN BOARD MAY 8 2012 MEETING


This Regular Meeting of the Brant Town Board was held on Tuesday, May 8, 2012 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 ALSO PRESENT AND SIGNED IN WERE: Joseph Ostrowski Planning Board Chairman Lynda Ostrowski Secretary to the Boards Janice Ross Planning Board member Charles Arrigo Highway Laborer Dan Gernatt, Jr. visitor Ed Munson Brian Hanner Patrolman Mark Slawek Patrolman/lieutenant Donald Hepkins Police Chief Gary Brecker Code Enforcement Officer Brian Campbell Reporter for the SUN Brian Rott resident Debra Ritz resident Lee Brunelli resident Ron Kobel resident The meeting opened at 7:30 PM with a pledge to the Flag. MINUTE APPROVAL: A Motion was made by Councilman Gier, and seconded by Councilman Kaczmarek to accept the minutes of the April 10, 2012 Regular Town Board Mtg. MOTION CARRIED. MONTHLY REPORTS: SUPERVISOR?S FINANCIAL REPORT & BUDGET MODIFICATION: Councilman Gier moved and was seconded by Councilman Clark, to accept the Supervisor?s February 2012 Financial Report and the following Budget Modification as of March 31, 2012 as presented below. MOTION CARRIED. TOWN CLERK?S REGULAR FINANCIAL REPORT & TAX COLLECTION STATUS REPORT AS PRESENTED: Supervisor Pero moved to accept the Town Clerk?s March 2012 Financial Report & the Tax collection summary report, and was seconded by Councilman Borngraber. 5 ayes, 0 nays. MOTION CARRIED. TOWN CLERK?S TAX COLLECTION STATUS REPORT: Councilman Gier moved to accept the Town Clerk?s Tax Collection Status Report, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED COURT CLERK?S FINANCIAL REPORT: Councilman Gier moved to accept the Court Clerk?s March 2012 Financial Report for Justice Gugino and Justice Crouse. Councilman Kaczmarek & Councilman Clark seconded the motion. 5 ayes, 0 nays. MOTION CARRED. CODE ENFORCEMENT OFFICER?S REPORT: Code Enforcement Officer Gary Brecker presented his April Report, and then notified the Town Board that the County now requires new commercial septic systems to be designed by a professional. Councilman Kaczmarek moved to approve the Code Enforcement Officer?s March 2012 report, and was seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED. DOG CONTROL OFFICER?S REPORT Councilman Clark moved to accept the Dog Control Officer?s report for April 2012 as presented. The motion was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED. POLICE REPORT: Councilmen Gier moved to accept the April 2012 Police report as presented by Police Chief Donald Hepkins. He was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED. TOWN CLERK?S REPORT TO THE BOARD: Councilman Clark moved to accept the Town Clerk?s April 2012 Monthly Activity Report to the Board. Councilman Kaczmarek seconded the motion. 5 ayes, 0 nays. MOTION CARRIED. PLANNING BOARD REPORT: Councilman Gier moved to approve the April 2012 Planning Board Report as presented by Board Secretary Lynda Ostrowski. The motion was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED. RECREATION DIRECTOR?S REPORT: (No report submitted) Supervisor Pero mentioned that interviews were conducted. PARKS COMMISSIONER?S REPORT: Supervisor Pero mentioned that Mike Muffoletto was hired as a park laborer. He then reported on a few of the things he did over the month as Parks Commissioner. He noticed the walking path needs to be cleaned up. The Sr. Bldg. roof is in need of repair, etc. TOWN HISTORIAN REPORT: Supervisor Pero read the minutes of the March 2012 Historical meeting. He noted that the Town will be 175 years old in 2014. FIRE DEPARTMENT REPORTS: Councilman Gier noted that no reports were received. SENIOR?S REPORT: Councilman Borngraber read the Seniors May 2nd report. SWEARING IN OF NEW PART-TIME PATROLMEN (2012-99): At the recommendation of Police Chief Donald Hepkins, Supervisor Pero moved to approve the appointment of four part-time patrolmen. The four Councilman seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Borngraber-aye, Councilman Gier-aye. 5 ayes, 0 nays. MOTION CARRIED. The following individuals were then sworn in as Part-Time Patrolmen: ? Brian P. Hanner (must complete phase II & Brant Police Field Training) Pay rate to start $14.50/hr. before completion, increasing to $15.00/hr. after completion. ? Thomas K. Castle (must complete phase II & Brant Police Field Training) Pay rate to start $14.50/hr. before completion, increasing to $15.00/hr. after completion. ? Clayton P. Reed ? Rate of pay $14.50/hr. during six mos. probation period, increasing to $15.00/hr after. ? Michael McCarthy ? Rate of pay $14.50/hr. during six mos. probation period, increasing to $15.00/hr after probationary period. Acknowledgement of Dignitaries, Officials and Visitors: None spoke. OLD BUSINESS: Rooftop Weather Station (2012-100): Attorney Trask notified the Board that he drafted a contract with the County and consulted our insurance company about this project. He was advised that if the Town approves the installation of the weather station, it should be conditional on our obtaining additional confirmation from the County Attorney?s office that the independent contractors who will be responsible for the installation, inspection & maintenance of the station will be covered under the Counties insurance policy. Another option was discussed regarding having a Town employee trained to go on the roof to do whatever maintenance is required. Then the Town?s Insurance would cover the employee. The County provided the Town with a list of the names of the staff that would work on the station. They were: Chris Riley, Rebecca Hensel, Lori Zimmerman, Beverly Lewinski, Colleen Makar, Jon Pleban, Jason Patronik, Jennifer Delaney and John Finster. Supervisor Pero moved to approve the weather station installation. He was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Borngraber-aye, Councilman Gier-aye. 5 ayes, 0 nays. MOTION CARRIED. TOWN HALL CAFÉ : Supervisor Pero spoke on his progress in creating the RFP. Some of his concerns were metering electric, insurance issues. One benefit he discussed was the possibility of Senior Services lunches. WORK PLACE VIOLENCE: Supervisor Pero mentioned that the Workplace Violence training was now completed. LAKE SHORE YOUTH FOOTBALL FIELD LIGHTING: Discussion on the status of the installation of field lights in the Town Park. The Town?s cost of the 55 foot long poles will be $3,638.70 which includes $800.00 for delivery. The poles have been ordered. PARK RESTROOMS: Supervisor Pero mentioned the Code Officer?s notification that a professional engineer is required to install commercial restrooms at the park. Attorney Trask mentioned that professional services need no bidding. Supervisor Pero reminded the Board that the Town only needs to supply the materials. John Killian will be donating the labor. OLD TOWN HALL: Supervisor Pero discussed the need to clean out the Old Town Hall and transfer the inactive records to the New Town Hall as soon as possible. He also asked the Town Attorney Trask if the Town could make a blanket resolution to name all items in the Old Town Hall as surplus so that it can be eliminated. Attorney Trask advised the Board that any items to be listed as surplus must be identified. He added that they can make a list of items in the Old Town Hall and do a resolution naming the list as an exhibit to be accepted as surplus. Discussion began about the two-way radio tower at the Old Town Hall and future need for the Tower. Councilman Gier stated he would like to get an assessment on the Tower and determine if it should be upgraded, or replaced. The Highway Superintendent and Police Chief Hepkins stated they both still use the Tower for frequency. The Board will look into this. Supervisor Pero asked for information about the Tower on Peter Gugino?s property. BRANT SUMMER FEST & STRAWBERRY JAM DATES WILL BE JUNE 15, 16 & 17. There will be music on Friday and Saturday. NEW BUSINESS: SCHOOL BUS CONTRACT RENEWAL FOR RECREATION PROGRAM (2012-101): Councilman Gier moved to approve the signing of a contract with Lake Shore School for bussing of children for recreation at the cost of .81 cents/mile on the condition that the Counsel reviews the contract beforehand. Supervisor Pero seconded the motion. A roll call vote was taken: Councilman Gier-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Borngraber-aye. 5 ayes, 0 nays. MOTION CARRIED. APPOINTMENT OF 18 COUNSELORS FOR THE SUMMER PROGRAM: Councilman Kaczmarek announced that the Parent Advisory Committee met to conduct interviews of a number of applicants for the position of Recreation Attendant. The following 7 were chosen for full time positions as Recreation Attendants (2012-102): ? Ashley Kurucz ? Jess Hall ? Aaron Ackley ? Dalton Moore ? Maria Busch ? Michaela Stepniak ? Carolyn Grennell Councilman Clark moved to approve the above recommended full time employees Recreation Attendants and was seconded by Supervisor Pero. A roll call vote was taken: Councilman Clark-aye, Supervisor Per-aye, Councilman Kaczmarek-abstain, Councilman Borngraber-aye, Councilman Gier-aye. 4 ayes, 1 abstain. MOTION CARRIED. ------------------------------------------------------------------ The following were chosen as part-time attendants. (2012-103) To avoid a conflict of interest, the original list was divided in two sections due to relationship between certain councilmen and certain prospective attendants. ? Samantha Gier ? Jessica Ackley ? Eric Giambrone ? Andrew Busch ? Darien Evans ? Bruce Friedenberg ? Steve Fessel Supervisor Pero moved to approve the above recommended part-time Recreation Attendants, 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-abstain. 4 ayes, 1 abstain. MOTION CARRIED. ------------------------------------------------------------------- The following were chosen as part-time Recreation Attendants. (2012-104) To avoid a conflict of interest, the original list was divided in two sections due to relationship between certain councilmen and certain prospective attendants. ? Alex Kaczmarek ? Megan Smaldino Supervisor Pero moved to approve the above recommended part-time Recreation Attendants, and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-abstain, Councilman Clark-abstain, Councilman Borngraber-aye. 3 ayes, 2 abstains. MOTION CARRIED. ------------------------------------------------------------------ As a result of May 6th interviews, the following were chosen as Lifeguards (2012-105) for the 2012 recreation program: ? Michelle Loomis (Head Lifeguard) ? Samantha Timm ? Bethany David ? Zachary Davis ? Mackenzie Ciciera ? Cassidy Smith (new hire) Supervisor Pero moved to approve the appointment of the above lifeguards, 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. ---------------------------------------------------------------------------------------------------------------------------------------- The following were recommended to be re-appointed as Bus Drivers (2012-106): ? Linda Bantle ? Doreen Cheney Supervisor Pero moved to approve the appointment of the above two bus drivers, 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. RETIREMENT RESOLUTION: BE IT RESOLVED, that the Town of Brant / location code 30687 hereby establishes the following standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees? Retirement System based on the time keeping system records ot the record of activities maintained and submitted by these officials to the clerk of this body: ? Councilman Donald Clark / 3.67 Days/month ? Justice Linda Crouse / 21.00 Days/month ? Town Clerk Barbara Daniel / 31.17 Days/month Supervisor Pero moved to approve the Retirement Resolution as presented at this meeting and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-abstain, Councilman Borngraber-aye. 5 ayes, 1 abstain. MOTION CARRIED. Supervisor Pero to meet with Local 17 regarding Phase II of the Park project to discuss the parking lot and walking path. There is a question regarding the Grant for Phase I, for which payment has not been received. With or without the Park Phase II grant, the project (parking lot and walking path) will proceed with the help of Local 17 who will donate the labor. Plaque on the Rock at the opening of the Town Park: Discussion took place on the options for the plaque. Option 1 was 2 plates at the cost of $260.00 or a whole plate at a cost of $430.00. Councilman Clark moved that the Board choose the single plate option at $430. He was seconded by Councilman Gier. A roll call vote was taken: Councilman Clark-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Borngraber-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED. Memorial Day Services at Memorial Park: Supervisor Pero announced the Memorial Services will take place at the Memorial Park at 9:00 am on Monday May 28 and all are welcome. The e-Waste drop off location is doing great. He stated that we had 3-1/2 bins full. Senior / Recreation / Exercise room: Supervisor Pero mentioned a need to section off part of the gym area at the rec bldg. to prevent unauthorized use of the exercise equipment. It was decided that the pool cover would make an excellent drape that could be hung to block the use of the equipment during rentals, recreation, etc. Three quarters of the court will be sectioned for basketball, etc. The other 1/4 will be for the exercise equipment users. Senior Community Building Roof and Porch quotes: Councilman Gier stated he is waiting for prices. Fencing for Park: Councilman Gier spoke of the fencing options for the Park. It will be meant to slow the children as they run across the roadway that goes to the parking lot. It will also be installed at the Y in the roadway. It will be channeled down to 2 or 4 openings. It will run 488?. A split rail vinyl fence was quoted for $7,840.00 and the Steel gate to close the two driveways at the Y was quoted at $870.00 installed to permanently shut off access during football season. Councilman Gier also mentioned installing a Gazebo at the area of the ?Y? at a cost of $2,756.00. These improvement would be paid for by the Phase II grant money. Municipal Garage: Gutters have been installed. In need of electric. Supervisor Pero stated to begin the electric project. Inactive Records: Supervisor Pero discussed an urgency to move the Inactive Records to the New Town Hall. Ground Water Impact law: Still being reviewed. NYSERDA: Christmas Tree lighting for tree in front of Town Hall. Solar Panels: Awaiting reply from Solar Liberty. Historic Oven on corner of Morley and Rt 249: Looking into purchasing the property. Signs for Century old homes: Looking into placing signs in front of five 100 year old Brant homes. First five to be 751 Railroad Ave. (built 1800), 490 Commercial (built 1800), 1627 Brant NC Rd (1st Town Hall, Built 1800), 11126 Mileblock Rd (1805) and 1027 Milestrip Rd (1810). Councilman Gier: Old Town Hall named as Surplus (2012- 108): Attorney Trask had previously sent the Board members information on the process of selling the Old Town Hall. ? If the Town was to get an offer on the Old Town Hall, the acceptance of the offer would require a Permissive Referendum which is a 30 day process. ? If after 30 days there are no petitions, the paperwork process begins. Councilman Gier then moved to declare the Old Town Hall as surplus and do whatever legal action necessary to put it out for bids. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye, Councilman Borngraber-aye. 5 ayes, 0 nays. MOTION CARRIED. At the next meeting, the contents of the Old Town Hall may be listed on an inventory sheet and named as an exhibit for surplus as a whole. Councilman Clark: ? Councilman Clark questioned National Grid?s use of the Park/Highway area as a substation for their equipment. Clark then questioned if they have insurance. Attorney Trask recommended obtaining a written Hold Harmless Indemnification Agreement with the Company, along with them providing proof of insurance. ? Village of Farnham minutes: Councilman Clark mentioned the minutes of the Village of Farnham mtg. Compressed Natural Gas conversion for Town Cars: Supervisor Pero spoke about looking into the conversion of the Town cars across all Counties to Compressed natural gas. He also mentioned the possibility of installing Compressed gas filling stations for the re-filling of the converted cars for Towns and private vehicles. The current price is .90 cents/gallon. Recognized Privilege of the Floor: None spoke CORRESPONDENCE: Supervisor Pero announced the following correspondence received: ? Dorothy Brinkman estate donated old books & $2,000 to Historical Society ? Jim Shea commended Highway Department for drainage pipe on Surfside Dr. ? Randall Notarnicola letter regarding his status on requesting National Fuel for Lotus Point Rd., installation to his home was quoted at $6,375.00. 9 other homes have applied. ? Time Warner Correspondence available for viewing ? Received Evans/Brant Chamber News & Events, available for viewing ? Child Care Resource Network (Annual report available for viewing) ? Mike Randall & Friends, May 26 @ 7:00 PM at TJ?s Dinner Theater ? Sales Tax ? May 4 report, 1.4% above last year. MISCELLANEOUS INFORMATION: APPROVAL OF ABSTRACT 5 OF 2012 Supervisor Pero read the Abstract Certification for Abstract #5 of 2012 Abstract 5 of 2012 *Prepaid and unpaid as of May 8, 2012 Gen Fund Town wide Vouchers pd #187-195, unpd#196-230 Totaling: $25,053.54 Gen Fund ? Part Town Voucher, pre-pd # 11, unpd #12, Totaling: $9,192.61 Highway T.W. Vouchers pd #41-42, unpd 43-52, Totaling: $ 11,159.56 Highway P.T. Vouchers, pd none, unpd #2, Totaling: $31.50 Fire Protection: Vouchers NONE Street lighting: Voucher unpd, #4: $2,324.03 Lotus Bay Sewer Dist 1: none Brant Farnham Sewer Dist: Voucher: NONE Brant Water Dist 1: NONE Special Grant Fund: NONE Capital Projects: Vouchers: NONE General Town Wide Payroll 03/25/12- 04/21/12 Totaling: $ 34,297.55 General Part Town Payroll 03/25/12- 04/21/12 Totaling: $ 587.94 Highway Payroll TW 03/25/12- 04/21/12 Totaling: $ 4,158.90 Highway Payroll PT 03/25/12- 04/21/12 Totaling: $ 4,039.34 Councilman Clark motioned to accept Abstract #5 of 2012 as read, and was seconded by Councilman Kaczmarek. A Roll Call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Borngraber-aye, Councilman Gier-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED. Supervisor Pero motioned to adjourn the meeting at 8:50 pm in memory of Billy Giambrone, and was seconded by the balance of the Town Board. MOTION CARRIED. Respectfully submitted by, Barbara J Daniel Brant Town Clerk