The Regular Meeting of the Brant Town Board was held on Tuesday, December 11, 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
Donald Clark Councilman
Clark Borngraber Councilman
Chad Kaczmarek Councilman
Jeffrey Gier Councilman
William Trask, Sr. Town Attorney
Barbara J Daniel Town Clerk, Recording Secretary
ALSO PRESENT AND SIGNED IN WERE:
Lynda Ostrowski Secretary to the Boards
Charles Arrigo Highway Laborer
Brian Campbell Reporter for the SUN
Ronald Kobel Resident
Brian Rott Resident
Debra Ritz Resident
Lee Brunelli Resident
Joe Giambrone Highway Superintendent
Neil Ross Resident
Janice Ross Resident
Donald Hepkins Police Chief
Diane Czyz Deputy Town Clerk
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 Clark to accept the minutes of the November 13th Regular Town Board Meeting and the November 16th Special Budget meeting. 5 ayes, 0 nays. MOTION CARRIED.
MONTHLY REPORTS:
SUPERVISOR?S FINANCIAL REPORT & BUDGET MODIFICATION:
Councilman Gier moved and was seconded by Councilman Borngraber, to accept the Supervisor?s October, 2012 Financial Report . 5 ayes, 0 nays. MOTION CARRIED
Councilman Borngraber moved and was seconded by Councilman Kaczmarek to accept the budget modification as received from the Town Accountant for November, 2012. A roll Call vote was taken: Councilman Gier-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 5 ayes, o nays. MOTION CARRIED.
TOWN CLERK?S REGULAR FINANCIAL REPORT AS PRESENTED:
Councilman Gier moved and was seconded by Supervisor Pero to accept the Town Clerk?s Financial Report for October of 2012. 5 ayes, 0 nays. MOTION CARRIED.
COURT CLERK?S FINANCIAL REPORT:
Councilman Borngraber moved to accept the Court Clerk?s October, 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:
Supervisor Pero read the Code Enforcement Officers report for November. A Motion was made by Councilman Gier and seconded by Councilman Borngraber to accept the report as presented. 5 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER?S REPORT
The November Dog Control Officer?s report was read by Dog Control Officer Barbara Daniel. She asked the board to approve an electric cable to go from the garage to the dog kennel. It would be for the purpose of heating the kennel. Supervisor Pero said that there is money in the dog control budget to cover the expense. Supervisor Pero moved to accept the Dog Control Officer?s November report. The motion was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT:
Chief Donald Hepkins read the Police report for November 2012. He added that the electric has been inspected in the Municipal garage. It was installed by Allen Nolan, the handicap signs have been put up in the park by the highway department and will be enforced and he wished everyone a Happy and safe holiday. Councilman Gier moved to accept the November 2012 Police report. He was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED. Police Chief Hepkins said he spoke with Linstar and they have come up with an acceptable card for the employees and they will be starting with the Police Department hopefully by the end of the year.
TOWN CLERK?S REPORT TO THE BOARD
The Town Clerk, Barbara Daniel read her Report for the month of November, 2012. She announced that the Town has been tentatively approved for the inactive records grant in the amount of $41,783.00. The Deputy Clerk?s hours have been adjusted, Deputy Clerk Diane Czyz has taken a position in the Courts reducing her Deputy Clerk hours and increasing Deputy Lynda Ostrowski?s hours. The Town Clerk?s Office is working on a project to create a current searchable Minute index spreadsheet that would allow people to seek certain subjects addressed at board meetings. This will make researching much easier. Marriage and death certificates have already been put into an electronic format for archiving and as a backup, picking up where Biel?s left off. Town Clerk Daniel purchased a Neat Desk scanner which she allowed the Town to use to scan the documents. Supervisor Pero questioned if this is part of the previous grant but it isn?t. This is being done by the Town Clerk?s office. Supervisor Pero stated that we received a grant in the amount of $41,783.00 without a match and we will be able to create the records room in the basement.
Councilman Clark moved to accept the Town Clerk?s November, 2012 Monthly Activity Report. Councilman Kaczmarek seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT:
The November Planning Board report was read by Secretary Linda Ostrowski. A motion was made by Councilman Gier and seconded by Supervisor Pero to accept the November Planning Board Report as read. Motion carried. 5 ayes, 0 nays. MOTION CARRIED
ZONING BOARD OF APPEALS: No report.
RECREATION DIRECTOR?S REPORT: No Report was received.
PARKS COMMISSIONER?S REPORT:
Supervisor Pero said the fencing around the pool has been painted. Tables in the Recreation Building are going to be painted. The pump house also needs to be painted. Tennis Courts three Quarters done. The roofs in the groves need to be cleaned. The shelters will be coated with protective water proofing. The Park is looking good.
Town Historian Report:
No report received.
Fire Department Reports
Councilman Gier stated that there were 15 Fire calls for the Brant Fire Dept. He did not receive a report from The Farnham Fire Department or North Collins Fire Department. He wanted to thank the Brant and Farnham Fire Departments for their help with the tragic accident on Route 20. Supervisor Pero said that there was a misunderstanding at the last meeting about the Fire Contract. Councilman Gier talked with members of the Fire Department, they want to accept the contract as it is and they will negotiate next years contract in good faith. Supervisor Pero said that he has requested a meeting with the department to talk over things and make sure that everyone is working well with one another. The Fire department does a great job. A motion was made by Supervisor Pero and seconded by Councilman Borngraber to accept the Fire Department Report. Motion Carried. 5 ayes, 0 nays.
Brant Farnham Senior?s report :
Secretary Lynda Ostrowski read the Seniors Report. Christmas Party will be on December 9th at the Colony House. Motion to accept the minutes as read was made by Councilman Borngraber and seconded by Councilman Gier. 5 ayes, 0 nays. Motion Carried.
OLD BUSINESS
Solid Waste Contract
Supervisor Pero said the bids were opened on December 4 at 1:00 PM in the Town Clerks office. We received 4 bids: Waste Management is $204/unit, Casella is 136.08/unit, Allied is 154.68/unit and Best Way is 118.68/unit. He said that he has talked with different people and municipalities about Best Way and has had positive feedback. Village of Farnham will go along with the Town. Best Way is a savings to the town of $32,000.
A motion was made by Councilman Clark to accept the bid from Best Way as they were the lowest responsible bidder, and was seconded by Councilman Borngraber. A roll call vote was taken: Councilman Clark-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Supervisor Pero-aye. 5 ayes, 0 nays. Motion Carried.
CDBG Project
Supervisor Pero said the parks restrooms and ADA Court Room. It?s a $ 20,700.00 project. It is a HUD funded program. We have a good chance of scoring high.
Park Building roofs:
Councilman Borngraber discussed the quotes he received for the roof repairs to be done at the Town Park.
The results varied and were read at the Town Board meeting in November.
They were from Raynor Construction, Walsh Construction, and Beverly Hills Development. Beverly Hills Developments quote was the lowest but required the Town to provide 2 laborers to assist in the project. Town Attorney Trask reminded the Board that anytime a contractor or worker climbs a ladder to work on a roof, absolute liability rests completely on the property owner. He recommended contacting the Town?s Insurance provider to get their approval and instruction on proper procedure to cover the Town?s liability. Trask recommended obtaining an Indemnification Agreement and Hold Harmless Agreement; it would not prevent a lawsuit but would help. The Board then stated they would make their vote to hire Beverly Hills contingent on the approval of Town Counsel and our Insurance Provider?s recommendations prior to allowing work to begin. Evans Agency would be consulted on the necessary coverage for the Town employees that would be helping the contractor. The Contractor would also need to carry his own proper liability insurance.
Discussion continued regarding the approval of the job. It was discussed that the Town?s portion of the labor would cost $1,625.00 and when added to the contractor?s portion ($6,375. which included his labor and materials) makes the total cost for both buildings approximately $8,000. The Board was about to vote on awarding the job to Beverly Hills Development until they discovered that the contract did not include the installation of a drip edge or rake, no ridge vent and no re-installation of gutters. It was discovered that the contract was lacking certain items they felt were necessary for the project. The Board decided to table the decision until the contract could be verified. Councilman Gier moved to Table the decision and was seconded by Councilman Kaczmarek. All approved, item tabled.
New Business
Salt Agreement with Lake Shore Central School: Supervisor Pero spoke with the Highway Superintendent Joseph Giambrone and he said that he looked into the pricing and it was acceptable. A Motion was made to allow Supervisor Pero to go into contract for a $63.00 loader scoop. Motion to approve the pricing was made by Councilman Gier 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.
Set date for Organization Meeting: Thursday January 3rd, 2013 at 6:30 PM
Set meeting date for Summerfest and Committee for Park Plan:
Meeting date: December 20, 2012 @ 7 PM
Committee members: Supervisor Pero & Councilman Kaczmarek
TOWN BOARD REPORTS:
Supervisor Pero: Hand book progress is moving forward. Using Town of Concord handbook as a template
Municipal Garage electric is complete; he is working on the contract for the Town Hall Café. The Traveling Food Pantry is schedule for December 19 from 1:30 to 3:30 PM. The pool cover will soon be cut to hang as a divider in the Rec gym area.
OLD TOWN HALL:
Supervisor Pero asked Attorney Trask to advise them on proceeding with the sale of the Old Town Hall. Trask noted that the Town Board must pass a resolution declaring that the Old Town Hall is no longer needed for public purpose. The Town Clerk reminded the Board that they were supposed to review the original deed of the property to ensure it did not contain language that would prevent a sale in the event it was no longer needed by the Town. Trask addressed his review of the deed stating he found no language stating the property was to revert back to any previous owner on the deed in the event it was no longer needed for Town use. Therefore the Town could proceed. He advised that law requires the Town to seek the best offer. He added that upon the receipt of a valid offer, the Town would be required to put the offer up for permissive referendum. This would allow a public vote on the terms of the proposed offer. If no petitions are received regarding the terms of the offer within a certain time frame, then the Board would be free to go forward with the sale.
Supervisor Pero moved to adopt the following resolution:
?This resolution is to declare that the Old Town Hall located at 1294 Brant North Collins Road is no longer needed for public use. The Brant Town Board approves that an appraisal be done and then begin the process of soliciting bids and publish an advertisement for bids.?
Councilman Borngraber seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye. 5 ayes, 0 nays. Resolution adopted.
GROUND WATER IMPACT LAW: Attorney Trask addressed the request for an update as to the status of the proposed Ground Water Impact Law as was presented by the Planning Board. He acknowledged their months of hard work they put into its creation. However, he recommends against enactment. His explanation followed:
He noted there were flaws in how it was written. For example, Aquifer was never defined. The Code Enforcement Officer would need the help of State and Federal Officials to enforce the law as he lacks the scientific or engineering background to determine negative impact. Trask recommends the Town use ?SEQR? procedures to determine impact on the aquifer. This would allow the Town to place the cost of engineering on the applicant when determining negative impact a certain project would have groundwater sources and supplies. He recommends the Planning Board work with the Town Attorney to set up things that could trigger a Type I SEQR study for any particular project. He recommends the Planning Board set thresh holds to trigger an application to be declared a Type I action which would require a full (EIS) Environmental Impact Study.
COUNCILMAN CLARK?S REPORT: Attended the Village of Farnham Board meeting and stated the Village is selling the Old School property to Dollar General. Also, he noted that he attended the November Planning Board meeting.
COUNCILMAN KACZMAREK?S REPORT: Lake Shore Youth Football has achieved the title of National League Champions.
PRIVELEDGE OF THE FLOOR: No one spoke
CORRESPONDENCE: Supervisor Pero stated that since there is no certified public water technician, the Health Department may site us for not having a certified public water Technician covering his duties in his absence. Supervisor Pero will send a letter to the Village of Farnham expressing concern.
Received a letter from William Hill asking if they could rent out office space at the old town hall.
Received a Thank you letter from Vince George in North Collins regarding Fire Contract.
Received a couple of Holiday Cards.
Hazmat, event where they pick up household paints etc. Will discuss.
Councilman Gier moved to approve Abstract 12 of 2012, 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.
ABSTRACT 12 OF 2012
Prepaid and unpaid as of December 11, 2012
Gen Fund Town Wide Vouchers pd #624-633, unpd #634-681 Totaling: $75,770.27
Gen Fund Part Town Voucher pd #37, unpd # 38-50 Totaling: $10,732.28
Highway TW Vouchers pd: #87-89, unpd #90-97, $13,581.23
Highway PT Vouchers pd 36, unpd 37-38, Totaling: $8,868.67
Fire Protection: Vouchers unpd #4-5, Totaling: $106,519.00
Street Lighting: Voucher pd, #11, Totaling: $2,925.94
Lotus Bay Sewer Dist 1: Vouchers: none
Brant Farnham Sewer Dist: Voucher #2, Totaling: $11,225.00
Brant Water District #1: Voucher #3, Totaling: $6,232.50
Special Grant Fund: none
Capital Projects: Vouchers: none
General Town Wide Payroll: 11/04/12 ? 12/01/12 Totaling: $36,350.54
General Part Town Payroll: 11/04/12 ? 12/01/12 Totaling: $587.94
Highway Payroll TW: 11/04/12 ? 12/01/12 Totaling: $8,424.57
Highway Payroll PT: 11/04/12 ? 12/01/12 Totaling: none
Before Adjournment Supervisor Pero mentioned that the State is going to fix Brant Angola Road and change the speed limit to 45 all the way to Cain Rd.
A Motion was made by Councilman Borngraber to adjourn the meeting at 8:45PM, seconded by Councilman Kaczmarek. 5 ayes, 0 nays. Motion Carried.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk
