This Regular Meeting of the Brant Town Board was held on Tuesday, August 14, 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 Clark Borngraber Councilman Chad Kaczmarek Councilman William Trask, Sr. Town Attorney Barbara J Daniel Town Clerk, Recording Secretary ABSENT WAS: Code Officer Gary Brecker ALSO PRESENT AND SIGNED IN WERE: Joseph Ostrowski Planning Board Chairman Lynda Ostrowski Secretary to the Boards Janet Bowman Assessor?s Clerk Charles Arrigo Highway Laborer Donald Hepkins Police Chief Brian Campbell Reporter for the SUN Joseph Giambrone Highway Superintendent Ryan Turner Deputy Rec Director (arrived after Rec Report) Bill Friend resident Patty Friend resident Ronald Kobel resident Brian Rott resident Debra Ritz resident Lee Brunelli resident The meeting opened at 7:30 PM with a pledge to the Flag. MINUTE APPROVAL: A Motion was made by Councilman Borngraber, and seconded by Councilman Clark to accept the minutes of the July 10, 2012 Regular Town Board Mtg. 5 ayes, 0 nays. MOTION CARRIED. MONTHLY REPORTS: SUPERVISOR?S FINANCIAL REPORT & BUDGET MODIFICATION: Councilman Gier moved and was seconded by Councilman Kaczmarek, to accept the Supervisor?s June 2012 Financial Report. 5 ayes, 0 nays. MOTION CARRIED. Councilman Gier moved and was seconded by Supervisor Pero, to accept the following Budget Modification as of June 2012 as presented below. 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. TOWN CLERK?S REGULAR FINANCIAL REPORT & TAX COLLECTION STATUS REPORT AS PRESENTED: Supervisor Pero moved to accept the Town Clerk?s June 2012 Financial Report & the Tax collection summary report, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED. COURT CLERK?S FINANCIAL REPORT: Councilman Borngraber moved to accept the Court Clerk?s June 2012 Financial Report for Justice Gugino and Justice Crouse. Councilman Kaczmarek seconded the motion. 5 ayes, 0 nays. MOTION CARRED. CODE ENFORCEMENT OFFICER?S REPORT: Code Enforcement Officer Gary Brecker was unable to present his report for July. The report was read by Supervisor Pero. Councilman Gier questioned if a final inspection was conducted on the installation of the radio tower on Milestrip Road to see if the Town specs were followed. Councilman Gier moved to accept the report as read, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED. DOG CONTROL OFFICER?S REPORT The July Dog Control Officer?s report was read by Dog Control Officer Barbara Daniel. She then sought approval to order the doggie doors for the kennel, to be paid for with recent donations received for the Shelter expenses. Supervisor Pero moved to accept the Dog Control Officer?s July report and approve the purchase using the donated funds. The motion was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED. POLICE REPORT: Chief Hepkins reported that the person responsible for the recent vandalism has been caught. Because the perpetrator is 15 years old, the Village will seek restitution through community service. Because he is a juvenile, they have to check legality before proceeding. The chief was asked if he checked into the installation of a new street light on pole # 53 on Mileblock Rd that was approved by the Board across the street from Fullone trucking. Chief Hepkins stated that he had no jurisdiction to order the installation. Supervisor Pero will look into it. Councilmen Kaczmarek moved to accept the July 2012 Police report as presented by Police Chief Donald Hepkins. He was seconded by Councilman Borngraber. 5 ayes, 0 nays. MOTION CARRIED. TOWN CLERK?S REPORT TO THE BOARD: Councilman Borngraber moved to accept the Town Clerk?s July 2012 Monthly Activity Report to the Board. Councilman Gier seconded the motion. 5 ayes, 0 nays. MOTION CARRIED. PLANNING BOARD REPORT: Planning Board held no meeting in June. RECREATION DIRECTOR?S REPORT: Deputy Recreation Director Ryan Turner was absent during the reading of his report (arrived later in meeting). Supervisor Pero summarized the report. Councilman Clark moved to approve the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED. PARKS COMMISSIONER?S REPORT: Supervisor Pero summarized his report: Flower garden ? he spoke with Turnbull about the weeds; The floor mats being used in the Pool are on loan from Uni-first free of charge to be returned at the end of the season; Lg. Shelter roof was cleaned; many of the picnic tables have been painted; the use of in-house labor to paint the pool house should be approx. $725.00 for labor only. (Original quote was $9,000 for material and labor). Councilman Borngraber moved to approve the Parks Commissioner?s report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED. Town Historian Report: Town historian Patty Friend noted that no meetings were held during the summer. However, she mentioned the historical value of photos of the moving Vietnam wall and asks that anyone who took photos donate copies to the historical society. She also noted that she is working on documenting the Town?s old farm labor camps. Councilman Gier moved to approve the report as presented, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED Fire Department Reports: Councilman Gier summarized the reports. He then asked the Board to allow him to look into the Helmuth System because of a recent delay in response to a fire at his brother?s house on Halley Road. He stated that North Collins was called right away, but there was a 7 minute gap between when North Collins was called and when Brant was called. Langford and Lawtons were called before Brant. He would like the Board to grant him permission to inquiry into what happened. He added this was the second time this happened. Supervisor Pero moved to approve the report and inquiry, and was seconded by Councilman Borngraber. 5 ayes, 0 nays. MOTION CARRIED. Brant Farnham Senior?s report for August 2012 was read by Councilman Borngraber. Councilman Gier moved to approve the report, and was seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED. OLD BUSINESS: Football Field Lights: Lights are up. Waiting for power to be wired to the lights. Should be up and running in 2-3 weeks. Football season starts August 25th. Councilman Kaczmarek stated that more games are scheduled because Lake Shore is now the only league with a 100 Yard field with lights on it. He is estimating 1 game per week, and will invite other teams to use the field. Park building roofs: Councilman Gier to look into pricing for the roof work. Rec. porch roof needs to be done first. Water Project: Supervisor Pero will begin conducting a survey in the area to determine the level of interest. Phase II of the Park Project: Supervisor Pero met with the regional commissioner of Parks, State Rep Nicole Kardos and Grant Writer Connie Miner, and the money owed for Phase one will now be released to the Town. Phase II of the Park project will extend the walking path; purchase a Gazebo, park fencing, exercise machines, rest rooms, etc. The skate park portion of the project was removed because it would present a liability to the Town. Phase II will be a $150,000 grant with the Town matching $75,000 as their portion. Supervisor Pero has until September 30, 2012 to move on the project or we will lose it. He is looking into submitting a ?conceptual plan? or a mass plan and specs. Food Pantry: Supervisor Pero announced the food pantry will be held every third Wednesday starting September 19, 2012. Location, Sr. Community Bldg, time 1:30 to 3:30 PM. REPORT OF COMMITTEES: Park Ground Maintenance: Councilman Borngraber expressed concerns over what he believes is inadequate Park Grounds Maintenance work being done. His main concern was the vegetation around the retention pond remaining untrimmed despite the vendor?s explanation that the ground around the pond is eroded and inaccessible. Other complaints included a disagreement over what is considered part of the park, and covered under the contract, such as the entrance area. Councilman Borngraber motioned to stop payment of the vendor until the work is done to specs. Councilman Clark explained that he preferred to sit with the vendor and explain the problem before stopping the payments. Councilmen Clark and Gier (Park Committee) both agreed that if the problem is not corrected by the next board meeting, they will vote to stop payment. NEW BUSINESS: Retaining Town Engineer Services: Supervisor Pero confirmed with Attorney Trask that Professional Services need not be bid out. Pero then stated that he spoke with the State regarding the Park project and they informed him they want 3 bids for engineering services for the Park project. CRA wants a $2,700.00 retainer and for the rest of 2012, they want $1,700.00. Supervisor found that figure unacceptable. He would have to budget engineering services. Trask warned that the Board must clearly define who has the right to call in the engineers for projects. No engineer services are currently being retained. Winter Recreation: Supervisor Pero stated he would like to institute a field trip based winter recreation program that would run for 8 weekends during January and February. He stated that Vince Fininzio doesn?t have the time, but that Ryan Turner wishes to run the program. He is estimating 50 to 70 children would participate. Councilman Clark asked if Ryan?s term as Assistant Rec Director Position is complete now. Ryan stated he has been put in charge of the painting project and other various park projects. He will be working about 10 hours a week until the work is finished and most of his hours are now volunteer. Councilman Gier wants to survey Town Residents to see if they would support adding the winter program. Bond & Note Resolution: Town Attorney William Trask suggested the Board appoint a Compliance Officer for the Town to oversee the Bond and Notes (BANS). The position would draw no additional compensation, but would require the Compliance Officer to oversee the Towns BANS. Supervisor Pero motioned to approve Richard A. Gryksa as Compliance Officer, and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-abstain, Councilman Clark-aye, and Councilman Borngraber-aye. 5 ayes, 0 nays. MOTION CARRIED. The following resolution was then presented to the Town Board for voting, per the recommendation of Hodgson Russ (Bond Counsel): BOND AND NOTE FINANCING ? POST-ISSUANCE COMPLIANCE PROCEDURES WHEREAS, the Internal Revenue Service has issued new regulations requiring issuers of tax-exempt obligations to certify on Form 8038-G that they actively monitor compliance with federal tax rules following the issuance of such obligations; and WHEREAS, the Town is an occasional issuer of tax-exempt obligations and thus is subject to the aforementioned compliance requirements which are critical for the preservation of preferential tax status of those obligations; and WHEREAS, it is therefore in the best interest of the Town to adopt formal written procedures to ensure such compliance and to designate an official responsible for ensuring that such procedures are followed; NOW THEREFORE, BE IT RESOLVED, that Town hereby adopts the interim post-issuance compliance procedures attached hereto as ?Schedule A? and resolves to be governed thereby; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon its adoption. SCHEDULE A: a. Purpose: The purpose behind implementation of post-issuance compliance procedures is to ensure that the Town is compliant with federal tax law requirements related to its outstanding tax-exempt obligations for the life of the obligations. b. Compliance Officer Designation, Education and Training: The Town will designate a ?Compliance Officer? who will be the primary official responsible for monitoring post-issuance compliance with federal tax laws. The Compliance Officer will attend training and educational seminars at least annually at the law firm of Hodgson Russ or other acceptable training sources and will consult with bond counsel as needed to keep current on IRS regulations and developments relating to post-issuance compliance for its obligations. The Town?s designated Compliance Officer is Richard A. Gryksa. c. Record Retention and Due Diligence Review: The Compliance Officer is responsible for thorough record retention of all material documents relevant to the issuance of the Town?s tax-exempt obligations including, but not limited to, the transcript of proceedings, closing binder, bond counsel opinion, tax certificate, IRS-required filings, records of investments and expenditures made with proceeds, documents pertaining to existing or potential private and public use of bond-financed property, etc. The Compliance Officer will conduct due diligence review of these documents both upon receipt and at regular intervals throughout the life of the obligation. d. Monitoring Compliance: Compliance Officer will monitor use of proceeds and arbitrage restrictions through implementation of accounting methods and consultation with bond counsel and a rebate consultant when necessary. e. Correcting Potential Non-Compliance: Upon discovery of potential or existing non-compliance with post-issuance tax laws, Compliance Officer will promptly take steps, including consultation with bond counsel, to correct such non-compliance. ------------------------------------------------------------------------------------------------------------------------------------------------ RESOLUTION VOTE RESULTS: SUPERVISOR PERO AYE COUNCILMAN KACZMAREK AYE COUNCILMAN CLARK AYE COUNCILMAN GIER AYE COUNCILMAN BORNGRABER AYE 5 AYES, 0 NAYS. CARRIED. RESOLUTION TO REPAIR SENECA TERRITORY BRIDGES: Supervisor Pero began to read a resolution he wrote regarding the bridges in need of repair that pass through Seneca territory. Attorney Trask interrupted the Supervisor advising him to re-write the language after consulting with Town Attorney Trask. The resolution will be postponed until September meeting. Highway Resolution: Supervisor Pero addressed a proposed resolution regarding the Highway Department. Since the resolution was unclear as to its intent, the Board as a whole decided to table it until they have had time to review it. Councilman Gier will talk to a few Superintendents to find out more information on the Resolution. CDBG: Supervisor Pero stated he has a meeting scheduled for September 20 in Concord to look at projects. Supervisor Pero mentioned that he would like to see the CDBG money be used toward the water project. COMMITTEE REPORTS: Councilman Borngraber: spoke on the upcoming informative event regarding Disaster Relief Services to be held on October 13, 2012 from 9:00 to 12:30 PM at the Senior Community Bldg. The event will be sponsored by S.H.A.R.E. and attended by a representative of the Salvation Army. TOWN BOARD REPORTS: Councilman Gier: Discussed the recent delivery of millings and the current low price which allowed the Town of remain under procurement limits. The Board discussed the current low price of $5.90/ton delivered and the desire to purchase more at the low price. Attorney Trask warned the Board that if they intend to exceed a $5,000 purchase of the millings, they would need a written RFP to meet the procurement policy and get 3 written quotes. It was decided that there was not enough time to meet procurement guidelines. The Town will reconsider its procurement limits at the next Organizational meeting. Councilman Kaczmarek: nothing new to report Councilman Clark: Brought it to the attention of the Board that the Planning Board needs a copy of the Brant Auto application decision. Supervisor Pero: ? Read a letter from Cathy Andelora of Time Warner regarding status of cable installs in the area. ? Hire Trapper John to catch skunks in the park ? On September 1st Department head budget requests will be handed out soon ? There will be a workshop held with the Planning Board on August 22 at 6:30 PM at the Town Hall ? Police Garage electrical work: awaiting a quote for the work ? Inactive Records: Councilman Kaczmarek will schedule the move with Town Clerk RECOGNIZED PRIVILEGE OF THE FLOOR: Bill Friend of Brant Farnham Rd complained that live skunks, raccoons, and possums are being dropped off on Hardpan Road by a local resident and trapper, and now they are killing his chickens, getting in his garbage. He explained that the DEC informed him that any vector animals caught in a trap must be killed, and not to be transported or relocated. CORRESPONDENCE: ? Supervisor Pero read a letter from the visiting nurses association who will be present for flu and pneumonia shots on September 22nd from 12:00 pm to 3:00 pm at the Sr. Bldg. ? Sales tax revenue updates 13.48% greater than 2011 pmt. (3.02% above last year) ? Arts Counsel: Concert grant money returns for 2013. Town Clerk and Grant writer to attend a workshop ? Farmland Protection plan to be presented at 9/12 public hearing at 7 PM in E. Aurora Miscellaneous: Councilman Gier wants to streamline purchasing. No more runs to the store for 1 item. Supervisor Pero asked that the two auditors write up a plan to purchase stock items. Approval of Abstract 7 of 2012: Abstract 8 of 2012 *Prepaid and unpaid as of August 13, 2012 Gen Fund Town wide Vouchers pd #384-391, unpd#392-456 Totaling: $41,661.13 (deleted 422 as it duplicated Voucher # 419) Gen Fund ? Part Town Voucher, pd #24, unpd #25-28 Totaling: $64,794.38 Highway T.W. Vouchers unpd#64-66, Totaling: $ 1,373.99 Highway P.T. Vouchers, pd 17 & 18, unpd #19-21, Totaling: $11,193.49 Fire Protection: Vouchers # none, totaling: Street lighting: Voucher unpd, #7: $2,075.73 Lotus Bay Sewer Dist 1: none Brant Farnham Sewer Dist: Voucher: none Brant Water Dist 1: pd none, Totaling: Special Grant Fund: NONE Capital Projects: Vouchers: NONE General Town Wide Payroll 07/01/12- 07/28/12 Totaling: $69,387.99 General Part Town Payroll 07/01/12- 07/28/12 Totaling: $587.94 Highway Payroll TW 07/01/12- 07/28/12 Totaling: $117.07 Highway Payroll PT 07/01/12- 07/28/12 Totaling: $7,877.33 Councilman Gier motioned to accept Abstract #8 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, Councilman Borngraber-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED. Because of the recent visit of the Vietnam Traveling Wall, Supervisor Pero motioned to adjourn the meeting at 9:20 pm in memory of James Buchner, David Briggs and Ronald Conklin and was seconded by the balance of the Town Board. The Board took a moment of silence in memory of the three Town individuals who died in Vietnam. MOTION CARRIED. Respectfully submitted by, Barbara J Daniel Brant Town Clerk