This Regular Meeting of the Brant Town Board was held on Tuesday, March 13, 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 William J Trask, Sr. Town Attorney Barbara J Daniel Town Clerk, Recording Secretary ABSENT: Councilman Clark Borngraber 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 Joseph Giambrone Highway Superintendent Brian Rott Resident Debra Ritz Resident Brian Campbell Reporter for the SUN Scott Kaczmarek resident RoseMarie DeMaria resident Lee Brunelli resident Jean Brunelli 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 February 14, 2012 Regular Town Board Mtg. MOTION CARRIED. MONTHLY REPORTS: SUPERVISOR?S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Gier, to accept the Supervisor?s January 2012 Financial Report as presented. MOTION CARRIED. BUDGET MODIFICATION: No budget mods were presented. --------------------------------------------------------------------------------------------------------------------------------------- TOWN CLERK?S FINANCIAL REPORT: Councilman Gier moved to accept the Town Clerk?s January 2012 Financial Report, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED. COURT CLERK?S FINANCIAL REPORT: Councilman Gier moved to accept the Court Clerk?s January 2012 Financial Report for Justice Gugino and Justice Crouse. Supervisor Pero seconded the motion. 4 ayes, 0 nays. MOTION CARRED. CODE ENFORCEMENT OFFICER?S REPORT: Supervisor Pero moved to approve the Code Enforcement Officer?s February 2012 report, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED. DOG CONTROL OFFICER?S REPORT Councilman Clark moved to accept the Dog Control Officer?s report for February 2012 which included 0 court cases, 1 dog seized, and 2 adopted out. The motion was seconded by Councilman Gier. MOTION CARRIED. POLICE REPORT: Councilman Kaczmarek moved to accept the February 2012 Police report as presented, and was seconded by Councilman Gier. MOTION CARRIED. TOWN CLERK?S REPORT TO THE BOARD: Councilman Gier moved to accept the Town Clerk?s February 2012 Monthly Activity Report to the Board. Councilman Kaczmarek and Councilman Clark seconded the motion. MOTION CARRIED. PLANNING BOARD REPORT: Secretary Lynda Ostrowski read the Planning Board report and notified the Town Board of the Planning Board recommendations after following their review of: ? Brant Auto application for rezoning to Industrial (Planning Board recommended denial) ? North Collins Water project plan/site review (Planning Board recommends approval) The Brant Town Board commended the Planning Board for their thorough preparation and review of the applications presented to them. Councilman Gier moved to approve the February 2012 Planning Board Report as presented by Board Secretary Lynda Ostrowski. The motion was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED. ZONING BOARD OF APPEALS CHAIRMAN APPOINTMENT: (#2012-87) Secretary Lynda Ostrowski read the minutes of the March 7, 2012 Zoning Board of Appeals meeting which was called to order to recommend the appointment of one of the members as chairman. The Zoning Board of Appeals recommended the appointment of Carrie Andolina. Councilman Clark moved to approve the appointment of Carrie Andolina as Zoning Board of Appeals Chairman for a one year appointment.. The motion was seconded by Councilman Gier. A Roll Call vote was taken: Councilman Clark-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, and Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED. NEW MONTHLY REPORTS REQUEST: (#2012-88) Supervisor Pero moved to approve the addition of three new monthly reports (beginning March 13, 2012) to the Board meeting Agenda. They will be: Parks Commissioner, Rec Director, and Town Historian reports. The motion was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED. RECREATION DIRECTOR?S REPORT: Supervisor Pero read the Recreation Director Report submitted by Vince Fininzio Jr.: Dear Brant Town Board Members: The following recreation attendants are being brought up for rehire for the summer of 2012. New applications will be collected by end of April and interviews for vacant positions will take place at the end of April for approval at May meeting. Mark Trask-----Courtney Rosiek Mike Muffeletto----Maria Vayo Hannah Renaldo----Pam Pulinski John Inglut----Charlie Arrigo Joe Bellanti----Liz Viapiano Eric Rosiek----Ashley Braven Thank you, Vincent Fininzio Jr Councilman Gier moved to accept the Recreation Director?s letter as read and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED. PARKS COMMISSIONER?S REPORT: #1: Supervisor Pero spoke on a problem with the Memorial Park lighting. He would like to put the lights on timers. Also, he mentioned the Highway Dept. fixed the sign that came down during the winter. #2: Supervisor Pero spoke on the faded condition of the carved stone outside the Town Park entrance. He will look into correcting the faded lettering. #3: The roof on the Senior Community bldg. needs repair. Also, the lean to on the Senior Rec bldg. is in need of repair. He will look into it. #4: The Phase II of the Park (putting in the walkways) still need looking into. #5: Reported on the status of the payment. The payment of the Phase I Park Grant money is delayed due to improperly completed paperwork. He is working on a narrative which will be required to obtain payment. Supervisor Pero will advise as to the status of the above items monthly. Councilman Clark moved to accept the report, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED. TOWN HISTORIAN REPORT: Supervisor Pero addressed an event that was conducted at the Evans Historical Building where Brant Resident Mr. Berns spoke on the history of Brant. Councilman Kaczmarek moved to accept the Report as read and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED, FIRE DEPARTMENT REPORTS: Councilman Gier noted that Brant Fire Co. No. 1 had 8 calls in February. Supervisor Pero noted that he received Brant?s contract. The only contract not received is North Collins. Councilman Clark moved to accept the Report as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED. SENIOR?S REPORT: Supervisor Pero acknowledged the Seniors Monthly report. He mentioned the Senior?s will conduct their annual bake sale at the Brantfest. Councilman Gier moved to accept the report as read and was seconded by Councilman Kaczmarek. 4 ayea, 0 nays. MOTION CARRIED. OLD BUSINESS: MUNICIPAL KENNEL/SHELTER CONTRACT: (#2012-89) Attorney Trask addressed the kennel agreement to be entered into between Dog Control Officer Barbara Daniel and her spouse Michael Daniel. He mentioned that the contract was negotiated that in the event the DCO asks for assistance with the cost of maintenance of the kennel, the Board may at its own discretion provide the assistance to the Daniel?s. The contract will also allow the Daniel?s to be covered under the Town?s Municipal Liability Insurance. Councilman Kaczmarek moved to authorize the Supervisor to enter into the agreement with the Daniel?s, and Councilman Clark seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark ?aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED. SENIOR RECREATION BLDG EXERCISE EQUIPMENT USE AGREEMENT: (#2012-90) Attorney Trask submitted a newly drafted ?WAIVER OF LIABILITY? for those wishing to use the exercise equipment at the Senior Recreation Bldg. The waiver will require the user to read and agree to hold the Town of Brant harmless in the event of injury or other which may result from their use of the equipment. The form will be as follows: [url=%%dir[2]%%KMBT22220120324141701.pdf]KMBT22220120324141701.pdf[/url] Attorney Trask advised Councilman Kaczmarek to converse with him further into the use of Monitors to be present during workouts, and to ensure that a form has been filed for each participant prior to use. Supervisor Pero added that we need to look into volunteers that could do so in an attempt to keep the cost of the program manageable. Councilman Gier moved to adopt the ?Fitness Waiver of Liability Form? and was seconded by Supervisor Pero. A roll call vote was taken: Councilman Gier-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED. PARKS/GROUNDS MAINTENANCE BID APPROVAL (#2012-91) The Town Clerk read and confirmed the Public Meeting Notice published in the SUN requesting bids for the Ground Maintenance contract for 2012-2013. Supervisor Pero acknowledged that two bids were received and opened per the Public Notice at noon in the Town Clerk?s office. S.A.K. was acknowledged as the low bidder on the job at the quoted $15,800 plus $20.00/hr. for brush hogging. He also acknowledged the bid received from Groundbreakers who quoted $58,748./annual. Supervisor Pero moved to accept the bid received from S.A.K. Landscaping at $15,800.00 plus $20.00/hr. for brush hogging providing all required insurance specifications are met. He was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-abstain, Councilman Clark-aye. 3 ayes, 0 nays, 1 abstain. MOTION CARRIED. VILLAGE OF NORTH COLLINS WATER PROJECT (#2012-92): Attorney Trask asked Code Enforcement Officer Gary Brecker to clarify if a Special Use permit was required for the project since it is a utility. The CEO stated no. Also, the antennae they would install has no co-location, it too would require no permit. Trask also asked for the CEO to confirm that site plan approval is all that is required to move forward with the project. The CEO responded yes. Attorney Trask, who did not have his code book present, further asked the CEO if a Public Hearing would be required for the Board to approve the site plan. The CEO responded no. Supervisor Pero motioned to approve the North Collins Water project site plan per the recommendations of the Planning Board. The motion was seconded by the Board. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye. 4 ayes, 0 nays. MOTION CARRIED. REVIEW BLUE CROSS & BLUE SHIELD: Supervisor Pero read a letter from his Secretary regarding the information she gathered about the rates, co-pays, dental portions, etc. Current rates are $997.54 for medical and $78.08 for dental. As of 6/1/12 the medical rate will increase to $1,133.95. No figures are available for the dental portion. Independent Health rates were higher. Further information will be needed in order to move forward. No action at this time. PAINTING OF THE POOLHOUSE AND GARAGE: The options available for keeping costs down were reviewed. Discussion included the possibility of using the Highway Department or the Recreation staff or some other in-house staff. This topic will be further looked into. Construction of the police Garage will begin tomorrow morning. ARCHIVES GRANT UPDATE: The Grant application was submitted to NYS Archives on February 29. We will not hear back regarding our approval until at least July or August. NEW ONE-TON HIGHWAY TRUCK TO ARRIVE MONDAY: Supervisor Pero announced the upcoming arrival date of the Highways new one-ton truck. It will be leased for three years, after which the Town will pay $1.00 to officially own it. NEW BUSINESS: E-WASTE RECYCLING WITH RCR: (#2012-93) Supervisor Pero requested the authorization to sign a contract with RCR for the pickup of electronic waste at a designated location where the Town will provide a Storage facility or bin for Town drop offs to be taken. The company RCR currently pays 8.5 cents/pound for electronic waste. Attorney Trask advised the Board to avoid any unintentional breach of contract by notifying Casella Waste that their pickup of e-waste will no longer be necessary, and to get a written confirmation from Casella acknowledging they have been notified. This must be done prior to engaging a contract with the e-waste company. Councilman Kaczmarek moved to authorize the Supervisor to sign a contract with RCR to pick up e-waste at a designated location within the Town, after receiving written confirmation from Casella as explained during discussion. The motion was seconded by Councilman Clark. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED. BRANT AUTO APPLICATION FOR RE-ZONING: Attorney Trask asked that this application be put on ?Old Business? until he has a chance to research the legal ?Non-Conforming Use? status of the property that he has now. He will report his findings to the Supervisor at a later date on what he finds so the owner of the property owner can withdraw their application at that point. Councilman Gier moved to table the discussion, and was seconded by Councilman Clark. A roll call vote was taken: Councilman Gier-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. TABLED TOWN HALL CAFÉ: Supervisor Pero spoke about an idea he had about taking RFP?s for a restaurant to rent the cafeteria. He explained it would allow residents to enjoy a local eatery and the rent would subsidize the cost of the Town?s utilities. Attorney Trask advised Supervisor Pero to consider insurance, hours, etc. before he sends out the RFP. WORK PLACE VIOLENCE: Supervisor Pero announced he had a meeting scheduled for Friday March 16th at 1:00 PM to discuss training of Town employees on Workplace Violence. State regulations require the training, as does municipal insurance. WEATHER STATION PROPOSED FOR ROOF OF TOWN HALL: Supervisor Pero has had a request from a man named John Finster to allow the installation of a Weather Station on the roof of the Town Hall and asked the Board?s feeling on it. Councilmen Gier and Kaczmarek were in favor of it. Supervisor Pero will contact Mr. Finster regarding details. LAKE SHORE YOUTH FOOTBALL FIELD LIGHTING: Supervisor Pero acknowledged a request from Lake Shore Youth Football to install field lighting in the Park. He asked about what would be required of the Town. Councilman Kaczmarek stated a lot of the labor would be donated. The Town would be asked to provide financial support for the poles which are approximately $600.00/ea. There would be other costs. Supervisor Pero stated it is Town property and the improvement would enhance the Park. Councilman Gier expressed interest in the improvement and looked forward to it. Attorney Trask asked how the lights would be metered, for the purpose of tracking costs. Councilman Kaczmarek stated that they lights will be on one separate meter. No action was taken and the subject will be tabled until the April meeting. REPORT OF COMMITTEES: COUNCILMAN GIER: ? Suggested that requiring House numbers be part of the Building Permit application. The green signs are $11.00 each and would help emergency aid finding addresses. ? Requested someone sit down and work with him in April for the Fire Contracts to create a multiple year contract to replace this year?s one year agreement. COUNCILMAN KACZMAREK: ? Councilman Kaczmarek spoke on the findings of an audit conducted on the Lake Shore Youth Football which resulted in the removal of one of the founding members, and the possibility of criminal charges. COUNCILMAN CLARK: ? Reported on the ZBA meeting he attended. He also attended a Village of Farnham meeting he attended. He also summarized the training he underwent in NYC. ? He asked CEO Gary Brecker about the demolition permit he issued. CEO Brecker stated it was for the demolition of a house on Halley Rd. ? Questioned CEO Brecker on the status of the Radio Tower scheduled for installation on Milestrip Road and questioned the boundary stake that was pounded into the middle of the proposed driveway at the location. Brecker informed them that the company was waiting for the ground to dry up before entering the location and he will check into the stake that was in the middle of the driveway. Supervisor Pero questioned Councilman Clark about the money Farnham is proposing to spend to subsidize their Fireman to join an exercise club and stated objection to them using Town of Brant Fire Protection money for that purpose. Councilman Clark stated that the Fire Department put the request to the Village Board, who in turn is putting the request to the Town of Brant. COUNCILMAN BORNGRABER: Absent TOWN BOARD REPORTS: Supervisor Pero: North Collins Water project: May not be enough water volume to support Brant & North Collins. Entering a separate water project now may prove too expensive. Looking into zero percent financing. He will talk with CRA on the 23rd to discuss other options. S.I.T.: Reported on the progress of the Southtowns Inter-community Transportation project. Stated the Towns need to create a resolution supporting it. Annual contributions from Towns could help fund the project, similar to Town contributions to various local organizations such as Community Concern. Hamburg Supervisor is offering a Southtowns Recreation Consortium with other communities which would allow Brant residents access to Hamburg Golf courses, and hockey rinks, etc. Supervisor Pero is looking into. Emergency Management Plan: Supervisor Pero is putting together a plan. Rural Transit meeting was attended A Drug Drop will be held April 28th, see Supervisor Pero for more information. Pero would also Like to create a ?drug drop? here in the Town of Brant. PRIVILEGE OF THE FLOOR: Janice Ross of Versailles Plank Road questioned the Board?s status in their review of the proposed regulations to protect the Towns aquifer drafted by the Planning Board in 2011. The Board stated they had not received a copy. Lynda Ostrowski will see that the Board gets another copy. CORRESPONDENCE: Supervisor Pero announced the following correspondence received: ? Cooperative Extension announces Pesticide Training on March 22, 2012 ? Letter from Assemblyman Kevin Smardz ? Letter from Darrell Kaminski with the D.O.T. regarding the bridge repair in Springville ? Thank you letter received from the North Collins Library for our donation ? Letter from Randal Notarnicola requesting Town?s assistance in convincing National Fuel Gas to run gas lines on Lotus Point Rd. Pero will look into it ? Meals on Wheels welcomes elected officials to assist in delivery of meals on March 21st. ? Letter from E.C. SPCA regarding horse accidents (resource guide) ? Cradle Beach upcoming events & activities MISCELLANEOUS INFORMATION: o Planning Board April meeting has been changed from April 24th to April 26th o Supervisor Pero announced that he turned down a request to run for Assemblyman --------------------------------------------------------------------------------------------------------------------------------------- APPROVAL OF ABSTRACT 3 OF 2012 Supervisor Pero read the Abstract Certification for Abstract #3 of 2012 Abstract 3 of 2012 *Prepaid and unpaid as of March 13, 2012 Gen Fund Town wide Vouchers pd #89-96, unpd#97-139 Totaling: $56,569.52 Gen Fund ? Part Town Voucher, unpd #8 Totaling: $34.84 Highway T.W. Vouchers pd #20, unpd 21-30, Totaling: $ 9,089.86 Highway P.T. Vouchers, NONE Fire Protection: Vouchers NONE Street lighting: Voucher unpd, #2: $ 2,640.18 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 01/29/12- 02/25/12 Totaling: $ 34,209.25 General Part Town Payroll 01/29/12- 02/25/12 Totaling: $ 587.94 Highway Payroll TW 01/29/12- 02/25/12 Totaling: $ 11,092.31 Highway Payroll PT 01/29/12- 02/25/12 Totaling: $ NONE Councilman Gier motioned to accept Abstract #3 of 2012 as read, and was seconded by Councilman Kaczmarek. A Roll Call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED. Councilman Gier motioned to adjourn the meeting at 9:27 pm, and was seconded by Councilman Clark. MOTION CARRIED. Respectfully submitted by, Barbara J Daniel Brant Town Clerk