Minutes of 9/12/13 Meeting


This Regular Meeting of the Brant Town Board was held on Thursday 12th, 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
Clark Borngraber	Councilman
Chad Kaczmarek	Councilman
Donald Clark		Councilman
Jeffrey Gier		Councilman
William J Trask, Sr.	Town Attorney
Barbara J. Daniel 	Town Clerk, Recording Secretary
Gary Brecker		Code Enforcement Officer
Donald Hepkins		Police Chief
Joseph DeCarlo		Assessor
Joseph Giambrone	Highway Superintendent
Joseph Ostrowski	Planning Board Chairman
Lynda Ostrowski	Deputy Clerk
Joseph Giambrone	Highway Superintendent
Allen Nolan		Building Superintendent
Lee Brunelli		ZBA member
Janice Ross		Planning Board member
Neil Ross		Planning Board member

ALSO PRESENT / SIGNED IN WERE:


Brian Rott		Resident
Debra Ritz		Resident
Kirk Ritz		Resident
Mark DeCarlo		Resident
Ronald Kobel		Resident
Beverly Wasmund	Past Councilwoman
Frank Broughton	Resident
Craig Smith		Resident
Jere Hoisington		Resident
Jackie Hoisington	Resident


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

	MINUTE APPROVAL July 9 and August 16, 2013: Councilman Borngraber motioned to accept the minutes of the July 9th and August 16th, 2013 Town Board meeting, and was seconded by Councilman Gier.  MOTION CARRIED.

	SUPERVISOR’S FINANCIAL REPORT:  Councilman Clark moved and was seconded by Councilman Kaczmarek, to accept the Supervisor’s June and July 2013 Financial Report as presented.  5 ayes,  0 nays.  MOTION CARRIED.

	Supervisor Pero read his budget mods as listed below.  Councilman Borngraber motioned to accept the budget mods as presented, and was seconded by Councilman Gier.   A roll call vote was taken.   Councilman Borngraber-aye, Councilman Gier-aye,  Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

A copy of the following budget mod is also filed with the Town Clerk:


MEMORANDUM
					
TO:	Leonard Pero, Supervisor, Town of Brant		07/05/13
					
FROM:	Richard A. Gryksa MBA, Town Accountant		
					
SUBJECT:	Recommended Budget Modification #5 as of :	June-13	
					
	Please make a resolution at the regular Town Board meeting on August 13th 2013 to approve the
	following change(s) to the 2013 Adopted Budget.		
					
Budget	Dec From/	Fund Account	Amount
Modification	(Inc) To	Code	Description	Object	Over Budget
General Fund - Townwide (A)
					
 $           2.00 	Decrease	A1460.21	Records Mgmt (Grant)	Equip & Cap out	
 $          (2.00)	Increase	A1460.41	Records Mgmt (Grant)	Contr Expend	 $          1.95 
					
 $       237.00 	Decrease	A3120.11	Police(Officers,Guards,Inspectors)	Pers Serv	
 $      (237.00)	Increase	A3310.1	Traffic Control-Pers Serv(BUNY Grant)	Equip & Cap out	 $       236.96 
					
 $     1,062.00 	Decrease	A3120.11	Police(Officers,Guards,Inspectors)	Pers Serv	
 $    (1,062.00)	Increase	A3315.1	STOP DWI(PLP)	Pers Serv	 $    1,061.84 
					
 $       222.00 	Decrease	A3120.11	Police(Officers,Guards,Inspectors)	Pers Serv	
 $      (222.00)	Increase	A3315.11	STOP DWI(Contract)	Pers Serv	 $       221.48 


TOWN CLERK’S FINANCIAL REPORT:  Councilman Kaczmarek moved to accept the Town Clerk’s June and July 2013 Financial Report as presented, and was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S JUNE & JULY 2013 FINANCIAL REPORTS FOR JUSTICE GUGINO:  Councilman Borngraber moved to accept the Court Clerk’s June & July 2013 Financial Report for Justice Gugino.  Supervisor Pero seconded the motion.  5 AYES, 0 NAYS.  MOTION CARRIED.

COURT CLERK’S JUNE & JULY 2013 FINANCIAL REPORTS FOR JUSTICE CROUSE:  Councilman Gier moved to accept the Court Clerk’s June & July 2013 Financial Report for Justice Crouse.  Councilman Kaczmarek seconded the motion.  5 AYES, 0 NAYS.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S JULY & AUGUST REPORT: CEO Gary Brecker presented his July & August reports.  Discussion on the progress of abandoned homes were noted in the CEO’s report, particularly 1757 Brant N.C. Rd.   Councilman Borngraber moved to approve the report as read, and was seconded by Councilman Clark. 5 ayes, 0 nays.   MOTION CARRIED.

DOG CONTROL OFFICER’S JULY & AUGUST REPORT:  Dog Control Officer Barb Daniel read her Dog Control Report for July and August 2013. Councilman Borngraber moved to accept the Dog Control Officer’s reports as presented.  The motion was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT JULY & AUGUST 2013: The July and August 2013 police report was read by Police Chief Donald Hepkins.  

He commended Officer Cameron Dawley for his heroic efforts to find a drowning victim in Lake Erie on August 24.  Without hesitation, Officer Dawley dove into the lake in an effort to locate the victims body.  The victim was eventually found but was unable to be resuscitated.   The entire Brant Town Board motioned to publicly commend Officer Dawley, and the motion was seconded by the entire Board.  The motion received 5 ayes, and 0 nays.  MOTION CARRIED.

Chief Hepkins then thanked Chief Ernie Masula for covering the Town of Brant’s Patrol during Justice Gugino’s funeral.  

Supervisor Pero moved to accept the July & August Police report as presented by Chief Hepkins, and was seconded by the balance of the Board.   5 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR JULY & AUGUST 2013:  The Town Clerk’s monthly activity report for July and August 2013 was read by Clerk Daniel.  Councilman Gier moved to accept the Town Clerk’s Report to the Board, and was seconded by Supervisor Pero.  5 ayes, 0 nays.  MOTION CARRIED

Planning Board Report: Planning Board secretary Lynda Ostrowski presented the minutes of the August 27th Planning Board meeting.  A letter from Chairman Ostrowski was also reviewed by the Board.  Councilman Clark motioned to approve the minutes as presented, and was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED.

Zoning Board did not meet in July or August 2013. A public hearing has been set for September 30th, 2013.

Recreation Director Report:  None presented

Parks Commissioner report: Supervisor Pero reported on the work being done at the park by Local 17
No vote was taken to approve the Parks Commissioner’s report.  He will report on Recreation at the next meeting.

Town Historian Report:  None presented.

Fire Department Reports:  Councilman Gier noted the receipt of Farnham Fire Dept call summaries for April to August of 2013.  Supervisor Pero moved to accept the reports, and was seconded by Councilman Clark.

At this time, Supervisor Pero spoke about forming a committee to decide on a memorial for the recently passed Justice Peter Gugino.  No action was taken.

Senior’s report for August & September  2013.  Councilman Borngraber read the minutes of the August  & September 2013 Senior meeting.  Councilman Gier motioned to accept the minutes as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.  

Supervisor Pero then spoke on an issue that arose when he stopped by the Senior Picnic this summer.  He explained that any member of the Town Board has the right to attend any function being held by any Town funded organization (Senior Rec, Youth rec, etc) when the reason is an important Town issue to be discussed and presented to that organization. Supervisor Pero then noted that he received a card of apology from Senior President Faith DeLong.

ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS:  None spoke.

OLD BUSINESS

LISTING OF OLD TOWN HALL: Supervisor Pero noted that Century 21 (Lynda Mason) has listed the Old Town Hall at a price of $160,000.  No interest has been shown.  He asked the Board to allow the price to be reduced to a more realistic figure.  Attorney Trask advised the Board that it is their obligation to get the best possible price for the property.  He then recommended the Board authorize Supervisor Pero to discuss the price with Lynda Mason.  He also advised that the results of the figure must be documented in case of a Comptroller audit.  Councilman Gier moved to allow Supervisor Pero to negotiate the asking price with Lynda Mason.  He 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

BID REQUESTS FOR MUNICIPAL GARAGE FLOOR:  Supervisor Pero noted that they will send out a request for bids to lay a concrete floor in the municipal garage, located behind the Town Hall.  No action was voted at this meeting.
----------------------------------------------------------------------------------------------------------------------------------------
SALT SHED BID REQUESTS:   It was noted that two bids were received for the work to be done on the Salt Shed.  One was from Ward Weiser and the other from Beverly Hills Development.  Pero asked if everyone on the Board was ok with sending out another bid request.  It was affirmative.

RESOLUTION REGARDING SNOW CONTRACT WITH ERIE COUNTY DPW: Supervisor Pero then discussed the recent resolution being adopted by Town’s across Erie County in response to the proposed contract being offered by Erie County DPW.  He read the resolution as is being presented to Erie County:

APPROVAL TO SUPPORT
RESOLVING ISSUES OF CONTRACT BETWEEN ERIE COUNTY
 DEPARTMENT OF PUBLIC WORKS AND 25 TOWNS IN ERIE COUNTY FOR SNOWPLOWING DE-ICING SERVICES

	WHEREAS, the Town of Brant recognizes that plowing and de-icing the town, as well as county roads, is in the best interest and safety of its residents, and

	WHEREAS, Erie County and the 25 towns within the county have negotiated contracts which assure that the majority of the county roads within the towns would be maintained according to the same snow and ice control methods used on all town roads, and

	WHEREAS, such methods have been approved by the Erie County Department of Public Works, and

	WHEREAS, in the past, all costs of manpower, equipment, and materials have been calculated to the satisfaction of all parties, and

	WHEREAS, any issues that have arisen during snow and ice control in previous years have been resolved by all parties involved, and

	WHEREAS, a new contract between the Towns and Erie County is currently being negotiated, and

	WHEREAS, on March 20, 2013, there was a tentative agreement between the towns and Erie County which included a 3-year term with an annual increase of 5.0% as was past practice, and

WHEREAS, this agreement was considered fair and within the budgeting confines of Erie County, and

	WHEREAS, ON April 16, 2013, Erie County made a counter proposal to increase the contract from 3 years to 5 years and to reduce the monetary increase to 0.5% and

	WHEREAS, the county proposed rate is one the towns cannot afford, and

	WHEREAS, the budgetary planning for 2014 is going to be starting in many municipalities, and

	WHEREAS, the deadline for towns to order road salt de-icer is now past, 

	NOW, THEREFORE, BE IT RESOLVED, that the Town of Brant calls on the Erie County Executive and the Erie County Legislature to help resolve the issue between the Erie County Department of Public Works and the 25 towns within the County of Erie with regards to snow removal and de-icing of county roads within the towns that is fair and equitable to all parties, and

	BE IT FURTHER RESOLVED, that the Town Clerk of the Town of Brant is to transmit copies of this resolution to Erie County Mark Poloncarz, Erie County Legislator John Mills, Erie County Legislature Chairwoman Betty Jean Grant, and Erie County Department of Public Works Commissioner John Loffredo, and the other towns within Erie County.
The Brant Town Board hereby unanimously votes to adopt the above resolution with the following result:

Supervisor Pero 		voting aye
Councilman Gier		voting aye
Councilman Kaczmarek	voting aye
Councilman Clark		voting aye
Councilman Borngraber	voting aye

5 AYES, 0 NAYS.  MOTION CARRIED.  RESOLUTION # 091213-001 ADOPTED


NEW BUSINESS

SET PUBLIC HEARING DATE FOR CBDG: Supervisor Pero asked for a motion to set the public hearing date for CDBG.  He read the Legal Notice that will be published in the Hamburg SUN:

TOWN OF BRANT
LEGAL NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a public hearing on Tuesday, October 8, 2013 at 8:15 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.
THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.  
THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant. 
CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program. 
THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible.  Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.
September 6, 2013
By order of the Brant Town Board
Barbara J. Daniel, Brant Town Clerk


Councilman Clark motioned to accept Tuesday October 8, 2013 at 8:15 PM as the date and time for the CDBG public hearing.  He was seconded by Supervisor Pero.  All approved.   Legal notice to be published in the Hamburg SUN.

ASSESSOR RE-APPOINTMENT:  Supervisor Pero noted the expiration of the current term of Sole Assessor will occur on Monday September 30, 2013.  Supervisor Pero made a motion to re-appoint Joseph V. DeCarlo to a new 6 year term to begin October 1, 2013 and to end September 30, 2019, and was seconded by the balance of the Town Board.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Borngraber-aye, Councilman Clark-aye, Councilman Kaczmarek-aye.  5 ayes, 0 nays.  MOTION CARRIED.

TOWN ITEMS DECLARED SURPLUS:  

PRINTER: Supervisor Pero read a letter from the Assessor’s office stating they are no longer in need of their Konica 7033 printer.  The Town Clerk then noted to the Supervisor that the Konica 7033 is still in working condition, but the Highway copier #1216 is not, and can no longer be serviced.  It was suggested that the Konica 7033 be given to the Highway Dept. and declare the #1216 as surplus to be sold or recycled.  Supervisor Pero motioned to approve naming the Highway printer #1216 as surplus, and transferring the Konica 7033 to the Highway Dept.  He was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED.

HIGHWAY MOWER/TRACTOR (1979 INTERNATIONAL 184 LOBOY WITH LOADER & TURF TIRES):   It was noted by the Highway Department that they would like to put out a request for sealed bids for a 1979 International tractor with loader, ID# 20001164051698.  Supervisor Pero motioned to declare the mower as surplus, and was seconded by Councilman Clark.  5 ayes, 0 nays.  MOTION CARRIED.

2014 BUDGET NOTES: Supervisor Pero stated that the deadline for Department heads to submit their budget requests was September 20, 2013.  He will then give the Town Clerk the tentative budget by September 30th, who will present it to the Board by October 5, 2013.

ATTORNEY TRASK SPECIAL TRAINING REQUESTED:  Supervisor Pero noted a request from Town Attorney William Trask to allow him to spend $125.00 from his contractual to attend ONLINE special training relating to Open Government & FOIL law.  Supervisor Pero motioned to approve the training expense, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.

MISCELLANEOUS: 

REQUEST FOR USE OF TOWN WEBSITE FOR LAKESHORE SCHOOL TAX LINK:  Supervisor Pero requested Board approval to allow the placement of a link to the Lake Shore Central School District tax payment system.   Supervisor Pero motioned to allow the link, and was seconded by Councilman Clark.  5 ayes, 0 nays.  MOTION CARRIED.


REPORTS OF COMITTEES:
SUPERVISOR PERO: Stated that sales tax revenue is up 2.87% above last year at this time. 
He also noted the tire drop & eWaste has been very successful.   The Committee for Peter Gugino will be the Town Board.

COUNCILMAN GIER:  Spoke on the information and quote he received from “Saia Communications, Inc” for a new Radio System for Highway Dept.  The quote was as follows:
 
Councilman Gier stated the prices were under the procurement limit and the annual fee for the repeater was also reasonable and would be funded by the D.A. account (Highway Townwide).   Councilman Gier motioned to approve the purchase, based on the above quote.  He was seconded by Supervisor Pero.  A roll call vote was taken: Councilan Gier-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Borngraber-aye.  5 ayes, 0 nays.  MOTION CARRIED.

Councilman Gier went on to mention discussions he had with the Brant Fire Company regarding the upcoming contracts.  He asked the Board to hold an executive session at the conclusion of this meeting to discuss the negotiations.

COUNCILMAN BORNGRABER: Spoke about the low attendance at this summer’s concert at the park.  He added that bad weather played a huge roll in the lack of attendance.

COUNCILMAN KACZMAREK: Spoke about the Recreation program.  He then asked the Board to consider allowing Lake Shore Youth Football conduct a Halloween function at the Town Park.  He wants the Town to participate in the event.  Supervisor Pero responded that he would like Councilman Kaczmarek to come to the October meeting with projected expenses to hold the function.

COUNCILMAN CLARK: Nothing to report


TOWN BOARD REPORTS:  

Nothing presented


PRIVILEGE OF THE FLOOR 

RON KOBEL: Questioned what is being done about the church on Rt 5 that is dilapidated.  Supervisor Pero mentioned that he believes they have been sited, but he will check into with CEO Brecker.

NEIL ROSS Suggested to Supervisor Pero that the new committee for Peter Gugino obtain a plaque dedicating the Court room in his name.  Supervisor Pero then appointed him to be a member of that committee.

JOSEPH GIAMBRONE: Addressed the Board about an old barn located on Maiden Lane that is about to fall onto the road.  The property owner cannot afford to have it demolished.  He added that he could bring it down with no problem, but he wants the Boards approval.   Attorney Trask stated there is a procedure to follow in order to knock down the structure, and it starts by having the issue presented to the Board in writing on a report from the Building Inspector.  The Town CEO would need to issue a report for the October meeting regarding the unsafe structure.  Supervisor Pero will work with CEO Brecker on the issue.

KIRK RITZ: Asked about the $2300.00 Brantfest pennysaver voucher approved at the August Meeting.  He questioned why the limit was increased from $1,000. He then asked if the Town made any money on the event, or was it paid for by the taxpayers.  He noted the Corn Festival pays for itself.  Supervisor Pero responded that he would have to look at the numbers.  It is a Town function, as is the Senior’s program, Recreation program, Easter egg hunt.  

NEIL ROSS: Responded that the Brantfest is smaller, like the Strawberry festival.

FRANK BROUGHTON: Eden Cornfest has been in business for many years.  Its not about the money.  He added that the Town of Eden has increased expenses due to the Cornfest.  They have police, they have fire.  These extra functions cost the Town money.  You can’t compare Brantfest to the Cornfest.

CRAIG SMITH: Asked if there is grant money for the demolition of dangerous buildings?  Supervisor Pero answered there is no grant money for that.

JOSEPH GIAMBRONE: asked if the Town was going to chip the new parking lot at the park. He also asked about the handicapped parking spots.

BEVERLY WASMUND:  Asked why the Town paved the Hammond Road extension.  Supervisor Pero explained that it is a Town Road and could therefore be a liability. Also, when the police drove in there during a search for a distraught girl, they bottomed out.  He used donated millings, and donated help of Local 17, and that the only cost for the Town was fuel.   The road presents another access road which could promote new construction.   Pero stated that it must be noted that this road extension is also included in our request for CHIPS money, so it is a Town Road.   Beverly suggested that a “Dead End” sign be put up.  Highway Superintendent Giambrone will erect a sign.

Correspondence: 

•	Grissanti’s Office will host an outreach at the Town Hall every first Saturday of the month.
•	Reminder:  Immunization of flu shots will be held at the Community Bldg on Saturday October 5 from 11 am to 2 pm, call 549-0301 ext 3 for appointment.
•	Letter from Erie County Sheriff Tim Howard, Re: Invitation to Supervisor & Board members to attend the SWAT meet on Wednesday, October 2nd in Alden NY 10 am to 2 pm
•	Thank you card from Geri Gugino

Abstract 9 of 2013

*Prepaid and unpaid as of September 12, 2013
Gen Fund Town wide Vouchers pd: #421-433, unpd#434-478 Totaling: $68,456.15 
Gen Fund – Part Town Voucher, pd: none, unpd #30-32 Totaling: $8,096.98 
Highway T.W. Vouchers pd: none, unpd#69-71, Totaling: $20,565.94
Highway P.T. Vouchers, pd #31-32, unpd: #33-34 Totaling: $10,282.82
Fire Protection: Vouchers: unpd: none
Street lighting: Voucher unpd, #8:   $2,279.16
Lotus Bay Sewer Dist 1: Vouchers: none
Brant Farnham Sewer Dist: Voucher none, Totaling:
Brant Water Dist 1: Voucher: none
Special Grant Fund: None
Capital Projects: Vouchers: None

General Town Wide Payroll 07/28/13- 08/24/13 Totaling: $56,897.57
General Part Town Payroll 07/28/13- 08/24/13 Totaling: $605.74
Highway Payroll TW 07/28/13- 08/24/13 Totaling: $834.69
Highway Payroll PT 07/28/13- 08/24/13 Totaling: $7,706.19

A Motion was made by Councilman Gier, seconded by Councilman Kaczmarek to approve Abstract #9 of 2013. A Roll Call vote was taken: Councilman Gier -aye, Councilman Kaczmarek -aye, Councilman Clark-aye, Councilman Borngraber-aye, Supervisor Pero-aye. 3 ayes, 0 nays.  MOTION CARRIED.

Supervisor Pero then motioned to enter executive session at 9:56 pm.  Councilman Gier seconded the motion.  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.

Supervisor Pero motion to close the executive session at 10:25 pm.  He was seconded by Councilman Gier.  

A Motion was made by Councilman Kaczmarek to adjourn the meeting at 10:26 PM in memory of those recently deceased: Peter F. Gugino, David Mason, Eleanor Gier, Rosemarie DeMaria.  He was seconded by Councilman Kaczmarek.  MOTION CARRIED.  MEETING ADJOURNED.

Respectfully submitted by,



Barbara Daniel
Brant Town Clerk