This Regular Meeting of the Brant Town Board was held on Tuesday January 8th, 2013 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
Clark W. Borngraber Councilman
Donald Clark  Councilman
Chad Kaczmarek Councilman
William J Trask, Sr. Town Attorney
Barbara J Daniel Town Clerk, Recording Secretary

ALSO PRESENT AND SIGNED IN WERE:

Donald Hepkins  Police Chief
Joseph Ostrowski Planning Board Chairman
Lynda Ostrowski Secretary to the Boards
Lee Brunelli  ZBA member
Janice Ross  Planning Board member
Charles Arrigo  Highway Laborer
Joseph Giambrone Highway Superintendent
Diane Czyz  Deputy Town Clerk
Brian Rott  Resident
Debra Ritz  Resident
Brian Campbell  Reporter for the SUN

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

A Motion was made by Councilman Gier, and seconded by Councilman Clark to accept the minutes of the December 11, 2012 Regular Town Board meeting.  MOTION CARRIED.

Councilman Borngraber moved and was seconded by Councilman Gier, to accept the Supervisor’s Financial Report as presented.  MOTION CARRIED.

Councilman Kaczmarek motioned to accept the Supervisor’s Budget modification as (filed with the Town Clerk's Office), and was seconded by Councilman Borngraber.  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. 

Councilman Gier moved to accept the Town Clerk’s November 2012 Financial Report, and was seconded by Councilman Kaczmarek.  MOTION CARRIED.

Councilman Clark moved to accept the Court Clerk’s December 2012 Financial Report for Justice Gugino and Justice Crouse.  Supervisor Pero seconded the motion.  MOTION CARRIED.

The Code Enforcement Officer Gary Brecker was absent due to illness.

Dog Control Officer Barbara Daniel read the Dog Control Report. Councilman Borngraber moved to accept the Dog Control Officer’s report for December 2012.  The motion was seconded by Supervisor Pero.  5 ayes, 0 nays.  MOTION CARRIED.

Councilman Borngraber moved to accept the December Police report as presented, and was seconded by Councilman Gier. 5 ayes, 0 nays.  MOTION CARRIED.

A motion was made by Councilman Gier to accept the minutes as revised seconded by Supervisor Pero. Roll Call Vote: Councilman Gier, Councilman Borngraber, Councilman Kaczmarek, Councilman Clark, Supervisor Pero. 5 ayes, 0 nays Motion Carried

Councilman Gier moved to accept the Town Clerk’s Report to the Board and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays.  Carried
It was noted that the Planning Board did not meet in December 2012, therefore there is no report.

The Zoning Board did not meet in December, 2012 .

There is not a report from the Recreation Director.

Parks Commissioner report: a little bit of painting has been done. 

Councilman Gier reported on Brant Fire Company activity for December. There were 6 calls, he received the Financial Report and is questioning what compensation is based on? Supervisor will talk with Town Accountant.  Motion was made by Councilman Borngraber, seconded by Supervisor Pero to accept the Brant Fire Company Report.  5 ayes, 0 nays. Carried 

Supervisor Pero acknowledged the minutes of the Senior’s January Meeting. Linda Ostrowski read the minutes. Motion to approve the minutes was made by Councilman Borngraber, seconded by Supervisor Pero. 5 ayes, 0 nays.  Motion Carried

ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS:  None spoke.

OLD BUSINESS

CDBG Project - Supervisor Pero is waiting for an official letter stating that we are approved for the projects submitted. He stated that he was told that we did receive the grant.

Park Building Roofs - Supervisor Pero stated that the installation of a drip edge and the gutters would need to be addressed. Attorney Trask suggested that the insurance should be reviewed by the  Evans Agency. Supervisor Pero said he had talked to them and they sent out papers that were needed for the insurance.

Inactive Records Room- Supervisor Pero stated that we already received the first payment in the amount of $20, 891.00. Approved budget of $41,783.00. This project has to be done by June 30th.
Motion by Councilman Kaczmarek, seconded by Councilman Borngraber to authorize the Supervisor to advertise for bids for the remodeling of the records room. Roll call vote, Councilman Kaczmarek aye, Councilman Borngraber aye, Councilman Clark aye, Councilman Pero aye, Supervisor Pero, aye. 5 ayes, 0 nays.  Motion Carried. 

The Bid Opening Date for the Inactive Records Room will be February 8th at 12 noon in the clerk’s office.  Supervisor Pero named Rose Marie DeMaria and Jeanette Mirusso, former Town Clerk’s as Deputy Registrars for this project  with the approval of Civil Service.  [CLERK’S NOTE: TITLE WILL BE “RECORDS CLERK” per NYS Health recommedation].
 

Credit Card Adoption – Supervisor Pero read the policy: 

Councilman Clark questioned why the policy had no repercussions for misuse.  He wanted something put into the policy saying what would happen if misused. Attorney Trask suggested they add that any employee found guilty of illegal or unauthorized use of the Town Credit Card may be subject to penalties allowed by law and/or disciplinary action under the Towns personnel Policy up to and including termination.  The language will be added to the policy. Motion was made by Councilman Borngraber, seconded by Councilman Clark to adopt the Credit Card policy with the repercussion language added. Roll Call Vote, Councilman Borngraber aye, Councilman Clark aye, Councilman Kaczmarek aye, Councilman Gier aye, Supervisor Pero aye,  5 ayes, 0 nays. Motion Carried.

NEW BUSINESS

Parks and Grounds Contract – Supervisor Pero stated that Bids need to be sent out. Motion by Councilman Gier, seconded by Councilman Clark to authorize the Supervisor to put the Parks and Grounds Contract out to bid. Roll Call Vote Councilman Gier aye, Councilman Clark aye, Councilman Kaczmarek abstain, Councilman Borngraber aye, Supervisor Pero aye Motion Carried

Recreation  Fees – Motion was made by Councilman Gier, seconded by Supervisor Pero to Table this issue. 5 ayes, 0 nays. Motion Carried

Rental Fees – Motion was made by Councilman Clark, seconded by Councilman Kaczmarek to approve the raising of the Community Building rental from $125 to $150.  Roll Call vote, Councilman Clark aye, Councilman Kaczmarek aye, Councilman Gier aye, Councilman Borngraber aye, Supervisor Pero aye, Motion Carried.

Recreation Bldg. and Pavilion– Motion was made by Councilman Gier, seconded by Councilman Kaczmarek to approve the amount of $150.00 for the Recreation Building and the Pavilion not including the gym. The gym will not be rented out.  Roll Call Vote: Councilman Gier aye, Councilman Kaczmarek aye, Councilman Clark aye, Councilman Borngraber aye, Supervisor Pero aye. Motion Carried

Security Deposit – A motion was made by Councilman Clark, seconded by Councilman Kaczmarek to set the Security Deposit at $150 and to double the fees for nonresidents. The Security deposit is refundable. Roll Call vote, Councilman Clark aye, Councilman Kaczmarek aye, Councilman Gier aye, Councilman Borngraber aye, Supervisor Pero aye. Motion Carried

Large Shelter – A motion was made by Councilman Clark, seconded by Councilman Kaczmarek to set the rental fee at $75 for the Large Shelter and $60 for the Small Shelter and these fees are doubled for Non-residents and tripled for business rentals. Roll Call vote, Councilman Clark aye, Councilman Kaczmarek aye, Councilman Gier aye, Councilman Borngraber aye, Supervisor Pero aye. Motion Carried

Supervisor Pero tabled the Park Rules.

Insurance Review – Supervisor Pero received a letter regarding the increase in insurance rates from the Evans Agency. He suggested looking into NYMIR which handles municipal Insurance. Attorney Trask suggested sending our Insurance Policy to them and the possibility of changing the dates on the policy to accommodate the budget.
A Motion was made by Councilman Clark, seconded by Councilman Gier to send out an RFP on a Municipal Insurance Package from 3 or more agencies and to set the opening Bid date for February 8th at 12:00 PM. Roll Call vote, Councilman Clark aye, Councilman Kaczmarek aye, Councilman Gier aye, Councilman Borngraber aye Supervisor Pero aye. Motion Carried

Miscellaneous
Supervisor Pero stated that there will be a Traveling Food Pantry on January 16th from 1:30 to 3:30 PM at the Senior Community Building.
Supervisor Pero asked Superintendent Giambrone to look into getting quotes on the Lean To on the side of the Highway Building.
Supervisor Pero has an application from the police. Chief Don Hepkins is requesting the hiring of Tracy O’Donnell who is retired from the Town of Evans at a starting rate of $15.25 per hour and after  6 months $15.75/hr.

A Motion was made by Supervisor Pero to make a motion to hire Tracy O’Donnell  as a police officer at a rate of $15.25/hr and after 6 months probation  at a rate of $15.75 Hr. Motion made by  Councilman Gier, seconded by Councilman Borngraber , Roll Call vote: Councilman Gier aye, Councilman Borngraber aye, Councilman Kaczmarek aye, Councilman Clark aye, Supervisor Pero aye. Motion Carried.

Councilman Clark questioned the criteria of going into Executive Session. Attorney Trask  answered that  you have to request and state reason. Certain issues can be addressed.  Contract negotiations, Personnel, Pending Litigation, etc.

Reports of Committees

Recreation Committee:  Discussion on the appointment of Ryan Turner began.  Councilman Kaczmarek recommended Ryan Turner. Supervisor Pero stated that he spoke with the kids at rec and they liked Ryan.  A Motion was made by Supervisor Pero to approve the appointment of Ryan Turner as Deputy Recreation Director, for one year at a rate of $14.15 per hour with a cap of $5,094.00 for 360 Hours.  (9 weeks), and was seconded by Councilman Kaczmarek.  Prior to voting, Councilman Gier stated that he would go along with the pay for the Rec Director position but wanted to discuss the rate of pay for any labor work he may do.  Roll Call vote: Supervisor Pero aye, Councilman Kaczmarek aye, Councilman Clark aye, Councilman Gier aye, Councilman Borngraber aye.  5 ayes, 0 nays.  Motion Carried

Town Board:  Motion by Councilman Gier to send an RFP to get an appraisal on the Old Town Hall from a qualified Broker of Commercial Property.  Suggestion of Lynda Mason. 

Councilman Gier requested the Police to patrol in the school parking lot in North Collins. Chief Hepkins said they have no jurisdiction there. But we have mutual aid to other towns and if it’s not mutual aid there is a liability issue. 

Clark Borngraber – Requested dollar amount for Concert in the Park.

Chad Kaczmarek – Requested  Superintendent  Giambrone to help with curtains for the Recreation Bldg.

Don Clark – no Report

 Supervisor Pero: Would like everyone to review the new handbook that he put together. 

Old Town Hall – Supervisor Pero will proceed with getting an appraisal.

Local 17 Engineers waiting for the spring to do what is needed on the tower.

USDA – compliance review of town borrowing money for sewer and water contracts.   Supervisor Pero read some of the compliances that the town is to adhere to.

Authenticity of water and sewer persons, update letterhead, send out a survey of 10 users,

Signs above doors have to have braille on them, there needs to be wrapping on the pipes in the Ladies room, the urinal needs to be raised 12 inches from the ground. Handicapped signs need to be 5 to 7 feet tall., Have to have updated maps for the sewer and water districts, within 2 weeks they Want pictures of the lines in the districts and number of fire hydrants.

Supervisor Pero read the Grants that the Grant Writer, Connie Minor has gotten for the Town.  She is definitely an asset to the Town. She has brought in a total of $69,276.63 for the Town.

Supervisor Pero appointed Joe Ostrowski as an alternate for one year for the Board of Review.

Chief Hepkins spoke of an application for Radio Wide Band to Narrow Band. Will get Highway on their own frequency.

Privilege of the Floor – no one spoke.

Correspondence:  Stan Gretka came to see Supervisor regarding getting Time Warner. Governor is trying to pass a law for people to have access to Time Warner. 

Waste Alliance – Supervisor said he has to do a report on the Electronic Waste project in our town by March 1st.

Town Clerk mentioned to the Public about putting garbage out the night before because our new carrier Best Way starts pickup at 4:30 Am.

Supervisor Pero read the following Resolution: 

Phoenix’s Law: Resolution
WHEREAS, there are many pet and animal lovers throughout the Town of Brant, Erie County and Western New York, and
WHEREAS, there have been numerous cases of animal abuse throughout Erie County and Western New York, and
WHEREAS, New York State has the authority to toughen penalties for people who abuse and torture animals, and
WHEREAS, the Erie County Legislator Terrence McCracken has sponsored legislature to enact “Phoenix’s Law” aimed at stiffening penalties for those who torture and abuse animals, and
WHEREAS, the Erie County Legislator unanimously approved Legislator McCracken’s resolution asking the New York State Legislature to approve “Phoenix’s Law.”
NOW THEREFORE BE IT RESOLVED, THAT THE Town Clerk of the Town of Brant hereby supports Legislator Terrance McCracken and the Erie County Legislature in urging the New York State Legislature to enact “Phoenix’s Law”, and
BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Brant is hereby directed to send copies of this resolution to the Erie County Legislature, New York State Senator Grisanti, New York State Assemblyman Dipietro, and other Town Clerks throughout Erie County.

VOTE: Supervisor Pero moved and the entire Board seconded to support “Phoenix’s Law.
5 ayes, 0 nays.  Phoenix’s Law adopted.
 

Abstract 13 of 2012
• Prepaid and unpaid as of January 8, 2013
General Fund Town Wide Vouchers pd: None, unpd#682-710 Totaling: $18,207.84
General Fund Part Town Voucher, pd: None, unpd # 51-56 Totaling: $9,372.98
Highway TW Vouchers pd: #99, unpd #100-110, Totaling $11,681.87
Highway PT Vouchers, pd  None, unpd 39, Totaling $12.97
Fire Protection: Vouchers: None
Street Lighting: Voucher pd, #12: $2,944.62
Lotus Bay Sewer Dist: Vouchers: None
Brant Farnham Sewer District: None
Brant Water District: None
Special Grant Fund: None
Capital Projects: Vouchers None

General Town Wide Payroll 12/02/12 – 12/29/12 Totaling: $35,260.97
General Part Town Payroll  12/02/12-12/29/12 Totaling: $715.83
Highway Payroll TW 12/02/12 – 12/29/12 Totaling: $9908.01
Highway Payroll PT 12/02/12-12/29/12 Totaling: none

Abstract 1 of 2013
• Prepaid and unpaid as of January 8, 2013
General Fund Town Wide Vouchers pd: None, unpd #1-14 Totaling: $19,691.74
General Fund Part Town Vouchers pd: None, unpd #1-2 Totaling: $1,490.00
Highway TW Vouchers pd: None, unpd #1-2, Totaling: $2,433.52
Highway PT Vouchers, pd None
Fire Protection: Vouchers: None
Street Lighting: Vouchers: None

A Motion was made by Councilman Gier, seconded by Councilman Kaczmarek to approve Abstract #13 of 2012. Roll Call: Councilman Gier aye, Councilman Kaczmarek aye, Councilman Clark aye, Councilman Borngraber aye, Supervisor Pero aye. Carried

A Motion was made by Councilman Borngraber, seconded by Supervisor Pero to approve Abstract #1 of 2013. Roll Call: Councilman Borngraber aye, Supervisor Pero aye, Councilman Kaczmarek aye, Councilman Clark aye, Councilman Gier aye. Carried

A Motion was made by Councilman Gier, seconded by Supervisor Pero to adjourn the meeting at 9:10 PM in memory of Dennis Mahoney. Moment of Silence. Carried.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk