This Regular Meeting of the Brant Town Board was held on Tuesday, July 8, 2014 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

PRESENT WERE:

Leonard K. Pero Supervisor
Chad Kaczmarek Councilman
Jeffrey Gier, Councilman
Mark DeCarlo, Councilman
William J Trask, Sr. Town Attorney
Barbara J. Daniel, Town Clerk, Recording Secretary

Absent were:

Councilman Donald Clark

Also present and signed in were:

Joseph Ostrowski Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Donald Hepkins, Chief of Police
Joseph Giambrone, Highway Superintendent
Joseph DeCarlo, Assessor
Janice Ross, Planning Board
Ronald Kobel, resident
Lee Brunelli, resident
Debra Ritz, resident
Brian Rott, resident
Al Butlak, resident
Brian Campbell, SUN reporter

The meeting opened at 7:00 PM with a pledge to the flag.  

MINUTE APPROVAL JUNE 10, 2014 Regular Town Board meeting.  Councilman Gier motioned to accept the minutes of the June 10th, 2014 and was seconded by Councilman DeCarlo.  4 ayes, 0 nays. MOTION CARRIED. 

SUPERVISOR’S FINANCIAL REPORT: Councilman Kaczmarek moved and was seconded by Councilman DeCarlo to accept the Supervisor’s May 2014 Financial Report as presented.   4 ayes, 0 nays. MOTION CARRIED. 

BUDGET MODS PRESENTED:

Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide (A)

To increase the 2014 Budgeted Revenues and Expenditures for the insurance recovery received  for the Old Town Hall Building  water damage  and the corresponding line items listed below:

$     7,722.00  Increase A2680 Insurance Recoveries  
$    (7,722.00) Increase A1620.4 Old Town Hall Contr Expend  $              -   

$     2,510.00  Decrease A1990.4 Continent Account                       -   
$    (2,510.00) Increase A1620.4 Old Town Hall Contr Expend  $    2,509.90
Balance of expenditures over budget after applying the above budget modification 

$       516.00  Decrease A1990.4 Continent Account 
$      (516.00) Increase A1910.4 Unallocated Insurance Contr Expend  $       515.18 

$     9,256.00  Decrease A1990.4 Continent Account 
$    (9,256.00) Increase A9950.4 Transfer to Capital Projects   $    9,255.11
Transfer to Capital Projects to cover the cost of a Dixie Chopper Zero Turn and two Trimmers.
          

APPROVAL OF THE BUDGET MODIFICATION AS LISTED ABOVE: Councilman Gier motioned to approve the budget mod and was seconded by Councilman DeCarlo.  A roll call vote was taken: Councilman Gier-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED. 

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Supervisor Pero moved to accept the Town Clerk’s May 2014 Financial Report and the closing Tax collection report.  He was seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED. 

COURT CLERK’S MAY 2014 FINANCIAL REPORTS FOR JUSTICES CROUSE & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Gier moved to accept both reports for May 2014 Financial Reports for the Bail and Regular account.  Supervisor Pero seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S JUNE 2014 REPORT:  Dog Control Officer Barbara Daniel asked the Board to table her June report until the August meeting.  TABLED.

POLICE REPORT JUNE 2014: The June 2014 police report was read by Chief Donald Hepkins.  Councilman Kaczmarek moved to accept the June Police report, and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR JUNE 2014: The Town Clerk’s monthly activity report for June 2014 was read by Clerk Daniel. Councilman Gier moved to accept the report as read, and was seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.  

PLANNING BOARD REPORT:  Planning Board secretary Lynda Ostrowski read the minutes of the June Planning Board meeting. The Planning Board is seeking to create a law to prevent the use of dry wells in Town to dispose of waste water from hydrofracking. They also wish to prohibit horizontal drilling of gas wells. Town Attorney Trask noted the law banning the use of dry wells to dispose of hydrofracking waste water would be a very good idea. He recommended the Board call a public hearing for the September meeting. He will begin the SEQR process.The Public Hearing will be announced at the August Town Board meeting. The next Planning Board meeting is scheduled for July 22, 2014. Councilman Gier motioned to approve the report as presented, and was seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

ZONING BOARD REPORT:  No meeting was held.

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT:  Supervisor Pero acknowledged the effort put out by Allen Nolan, Nick Burbige, and the Highway Department to prepare the park for the Brant Festival.

TOWN HISTORIAN REPORT: Town Historian Patricia Friend was not present.  Supervisor Pero read the minutes of the June Historical Meeting.   The next meeting will be held on July 16, 2014.  Councilman Gier motioned to accept the minutes as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

FIRE DEPARTMENT REPORTS:  No Reports were received.

SENIOR’S REPORT FOR JUNE 2014: No Senior report received.

ACKNOWLEDGEMENT OF VISITORS: Supervisor Pero acknowledged Karl Simmeth, representative of Assemblyman DiPietro’s office.  Mr. Simmeth noted that the Assemblyman was now out of session and available for anyone who needed his attention.

PROCLAMATION FROM SENATOR MARK GRISANTI’S OFFICE: Supervisor Pero read from a proclamation received from Senator Grisanti’s office, congratulating the Town on reaching its 175th anniversary.

SUMMERFEST REPORT:  Supervisor Pero stated he is awaiting $1,250.00 promised from donors.  Expenses were $11,968.00 and he estimated money brought in thus far through ads and donations is approximately $10,968.00 leaving the Town approx. $1,000 in the red.  But he reminds that he is awaiting the $1,250.00.  He also mentioned that part of the expenses was a donation of $900.00 to the Wounded Warriors foundation.  

RECREATION UPDATE: The pool opened in June 28 and the Recreation program began July 7th.  Supervisor Pero reported 85 residents signed up, and 43 non-residents signed up.  

EMPLOYEE HANDBOOK REVISION: Supervisor Pero noted a section of the employee handbook that he would like to have revised.  The portion containing “Employee Assistance Program” where the Town would be required to pay for drug or alcohol rehabilitation would be costly to the Town.  Town Attorney Trask asked to be able to review the handbook section and advised the Board to table any action until the August meeting.

SOLAR PANELS FOR TOWN HALL:  Supervisor Pero noted a letter from and conversation with Laura Manly stating she was able to secure the $95,000.00 for the solar panels on the Town Hall and $35,000.00 for the Farnham generator.  Once the process goes through proper procedure, including the Division of Budget which is required to sign off on the payment, then a check will be issued.

LETTER FROM LEGISLATOR MILLS REGARDING REQUESTED ROAD REPAIRS AND STREET LIGHT REQUEST:
Supervisor Pero noted a letter he received from Legislator John Mills in response to a letter he sent requesting the installation of a streetlight at the intersection of Milestrip Road and Brant Reservation Road.  The letter sent to Mills also requested repaving of Brant Reservation and Milestrip because of the wear and tear the roads will suffer due to the upcoming 2 yearlong detour.  The letter noted that Tom Sheehan, the design engineer for the NYS Thruway, stated they can install the streetlight but that Erie County’s Mark Poloncarz wants to wait 2 years for the repaving request in order to evaluate the need.  Supervisor Pero said by then the roads will be impassible.  Legislator Mills will look into what can be done about the roads.

REMINDER OF WORK SCHEDULED FOR ROUTE 249: Supervisor Pero wanted to remind the public about the road work being done to Route 249 until October 31, 2014.  Supervisor Pero and Councilman Gier will attend a meeting with the DOT tomorrow regarding the process to be used to pave it.  The County wants to use the oil and chip method to repave, but Gier and Pero would be against it.

ADDENDUM TO AG DISTRICT PERMITTED USE LAW: Supervisor Pero asked Attorney Trask if the Board could set a public hearing to amend the code.  Trask responded that any time the zoning code is to be changed, the proposed language and a SEQR must be sent to Erie County Environment and Planning for review.  They would then have 30 days to respond.  Trask added that a public hearing could be called for the September meeting.  Trask stated he would work on the proposed language and SEQR.

REQUEST TO DOT FOR SPEED LIMIT REDUCTION FOR ROUTE 249 NEAR MORLEY RD: Supervisor Pero mentioned that he received a response from NYS DOT regarding the Town’s request for a reduction in speed limit for the portion of Route 249 where it crosses over Morley Road.  The speed limit is currently 55, but will now be reduced to 45.

ONE STOP DROP HAZMAN EVENT AUGUST 30, 2014: Event is still scheduled for August 30.  All hazardous items will be accepted.  The event must be advertised.  

ADA GRANT HAS NOW BEEN CLOSED: Supervisor Pero noted that the last items required in order to close the ADA grant have now been submitted to Tom Dearing, Deputy Commissioner.  A letter requesting reimbursement of $20,700.00 has been sent with the items.

NEW BUSINESS

The Brant Town Board presented the recently retired Deputy Highway Superintendent Bill Wesp for his years of service.  The plaque was read by Supervisor Pero:

THE BRANT TOWN BOARD
Would Like To Honor
William K. Wesp
For His
Service & Dedication
To the residents of the Town of Brant

In appreciation for your 26 years of loyal service
We Honor you with this plaque as a token of our Gratitude

THANK YOU Bill FOR YOUR LOYAL DEDICATION
(1985-1989) & (1993-2014)
Deputy Superintendent of Highways
(1993-2014)
Given on this day July 8, 2014
By order of the Brant Town Board

Supervisor Pero motioned to approve the proclamation and plaque, and was seconded by the balance of the Town Board.  Councilman Gier presented the plaque to Bill Wesp, who thanked the Highway Superintendent Joseph Giambrone for putting up with him.  

APPROVAL OF SIGNATURES ON JUSTICE CROUSE’S BANK ACCOUNT (EVANS BANK): Supervisor Pero read a letter which was sent to Evans Bank requesting the addition of signatures of Supervisor Pero and Justice Borngraber to Justice Crouse’s bank account.  Evans Bank instructed Supervisor Pero that the request requires a Town Board vote.  The letter in resolution format:

RESOLUTION TO ADD SIGNORS TO COURT BANK ACCOUNTS:

DUE TO THE ILLNESS of Justice Linda Crouse, (clerks note: now deceased) the Brant Town Board asks that Supervisor Leonard K. Pero and Justice Clark Borngraber be added to the regular and bail account of Justice Linda Crouse to enable the signing of checks written from the accounts.

Councilman Kaczmarek motioned to approve the addition of Supervisor Pero and Justice Borngraber to the bank accounts of Justice Linda Crouse.  Councilman DeCarlo seconded the motion.  A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Gier-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

--------------------------------------------------------------------------------------------------------------------------------------

CODE ENFORCEMENT OFFICER’S REPORT: Code officer Gary Brecker was arrived to present his May and June Report.  A copy of the Planning Board’s Fracking Law recommendations will be given to Code Officer Brecker.  Councilman Gier motioned to approve the reports as read, and was seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

APPROVAL OF BUS DRIVERS: Supervisor Pero noted that Bus Driver Doreen Chaney has taken a new position elsewhere and will need to be replaced.  He read a letter from Bus Driver applicant Deborah Birkemeier.  He also asked the Board to approve Steven Furr as substitute Bus Driver.  Supervisor Pero motioned to approve the appointments, and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  4 ayes, 0 nays.  MOTION CARRIED.

LETTER SENT TO SEN. GRISANTI REQUESTING FUNDING: Supervisor Pero read a letter he sent to Senator Mark Grisanti requesting funding for a Town water feasibility study ($16,000.00). Solar Panels on the Town Hall, Senior Community Building and Rec Building ($45,500), energy saving L.E.D. lighting in the Town Hall ($38,500.00).  Supervisor Pero then acknowledged Village Trustee Jere Hoisington and noted that the Village was requesting $16,000.00 to fund the installation of restrooms at the Village Park.  Supervisor Pero then noted that when he spoke to Senator Grisanti after he sent the letter, he offered to forego the L.E.D. lighting in the Town Hall to allow for the Village to get their requested restrooms.

CRYSTAL WATER: Supervisor Pero will check into a new drinking water system for the Town Hall, the Highway Department and Sr. Community Bldg.  The system purifies the Towns well water for drinking.  They maintain the filters, etc.  He will obtain quotes, and will also get quotes from Crystal Rock, or current supplier.  He added that we are spending a lot of money on bottled water right now, but this won’t actually save money.  It just filters the water from our well.

APPROVAL TO PURCHASE COFFEE FOR MEETINGS: Supervisor Pero asked for a motion to allow the Town to purchase coffee to replenish what is being used during meetings held at the Town Hall, per the recommendations of the NYS Auditor.  Councilman DeCarlo moved and was seconded by Councilman Gier.  A roll call vote was taken: Councilman DeCarlo-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye.  4 ayes 0 nays.  MOTION CARRIED.

2008 POLICE EXPEDITION TO BE NAMED SURPLUS: Per the recommendations of Chief Hepkins, the Board will consider naming the 2008 Expedition police cruiser as surplus and put it up for sale.   Chief Hepkins informed the Board that the repairs it needs will cost too much to make keeping it feasible.  Supervisor Pero stated that he would like to purchase a new vehicle in the fall.  Supervisor Pero motioned to approve moving the vehicle to surplus, and was seconded by Councilman DeCarlo.  A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Gier-aye.  4 ayes, 0 nays.  MOTION CARRIED.

REPORT OF COMMITTEES:  None presented

TOWN BOARD REPORTS:

COUNCILMAN GIER:  Will be attending the meeting with DOT regarding the paving to be done to Route 249 and regarding the Milestrip Road issue.

COUNCILMAN KACZMAREK:  Explained why it was better to surplus the 2008 Expedition.  The engine has aluminum heads which need work that will be very costly.

COUNCILMAN CLARK: Absent

COUNCILMAN DeCARLO: Attended the Farnham Board meeting where they discussed the water tower repairs (approx. $2,950.00). He discussed the concert turnout at the Park, stating attendance was low due to weather.

SUPERVISOR PERO:  

• Discussed the meeting he was scheduled to attend on July 9th with DOT and Suit-Kote regarding the Rte. 249 project.
• Discussed a letter from Energy Consultant Bill Henry (Real Property Tax exemption on solar installation until 2025) thanks to the Climate Smart Committee (FNABGL)
• Supervisor Pero announced he attended 16 meetings in June

RECOGNIZED PRIVILEGE OF THE FLOOR: 

Joseph Giambrone suggested the Town paint a mural of the Brant Logo on the blank pavilion wall at the Park where the bands perform.

Jere Hoisington asked to be notified of any disaster preparedness meetings.

CORRESPONDENCE: 

Supervisor Pero read the following correspondence:

• Legislative Resolution submitted by Legislator Lorrigo:

STATE OF NEW YORK
Legislature of Erie County
    Clerk’s Office
Buffalo, NY
June 26, 2014

To Whom It May Concern:

I hereby certify, that at the 13th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo, on the twenty-sixth day of June, 2014 A.D., a Resolution was adopted, of which the following is a true copy:

A RESOLUTION TO BE SUBMITTED
BY LEGISLATOR LORIGO

Whereas, this honorable body recently passed a resolution creating the Erie County Bridge and Road Infrastructure Maintenance Advisory Board; and

Whereas, the purpose of this board is to provide input from experts to help develop a comprehensive plan regarding maintenance and control of its roadways, while including members of the legislature; and

Whereas, the resolution creating this board gives the leader of the majority an appointment to a non-voting position on this board; and

Whereas, the majority caucus has lent its support to Legislator Lorigo to act as their representative to the Bridge and Road Infrastructure Maintenance Advisory Board.

Now, Therefore, be it

Resolved, that at the request and with the support of the majority caucus, the majority leader hereby norminates Joseph C. Lorigo as a non-voting member to the Erie County Bridge and Road Infrastructure Maintenance Advisory Board; and be it, further

Resolved, that the certified copies of this resolution are sent to the Erie County Executive’s Office, the Association of Erie County Governments, the Town Highway Superintendents Association of Erie County, the Erie County Public Works Association, the Greater Buffalo-Niagara Regional Transportation Council and all other parties deemed necessary and proper.

REFERENCE:    INTRO. 13-1 (2014)
                                                                    ATTEST

                                                                   SCOTT W. KROLL
                                                                   Clerk of the Legislature of Erie County

• Received 3 transfers of Sales in June, usually only get 2.  The amount is received is 1% greater than last year at this time, and 4.24% above the previous year.
• Letter from Time Warner regarding changes in their programing. 
• Letter from Ironwood.  They are about to begin vegetation management for National Grid, trimming branches and using herbicides over a 14 day period in an effort to protect electric lines.  Anyone concerned on the herbicides may contact them.
• On Feb 20, 2014 the NYS Dept. of Public Service issued a risk assessment order to Natural Gas Distributors must conduct a risk assessment of their operations.
• IDA Coalition: Dinapoli issued an annual audit reported on the 2012 fiscal year local IDA’s audit

MISCELLANEOUS INFORMATION:

• Supervisor Pero read a letter from resident Patty Friend.  She was requesting permission to be able to install memorial benches at the Park.  One for her mom and one for her aunt.  The benches would have a memorial plaque on them commemorating them.  The Board would be able to pick the locations for the benches.

Supervisor Pero motioned to approve the benches, and was seconded by Councilman Gier.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye.  4 ayes, 0 nayus.  MOTION CARRIED.

------------------------------------------------------------------------------------------------------------------------------------------
Supervisor Pero read the following Abstract:

Abstract 7 of 2014

*Prepaid and unpaid as of July 8, 2014
Gen Fund Town wide Vouchers  Totaling: $53,091.82
Gen Fund – Part Town Voucher Totaling: $472.26
Highway T.W. Vouchers Totaling: $2,460.92
Highway P.T. Vouchers, Total $11,860.04
Fire Protection: Vouchers: Totaling: $115,564.44
Street lighting: Voucher  totaling:   $1,667.81
CD Capital Projects: Vouchers none, Totaling: $2,557.28
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
Brant Water Dist 1: Voucher: none - Totaling $16,007.50
Special Grant Fund: unpd: None, Totaling:$0 

General Town Wide Payroll 5/18/14 - 6/14/14 Totaling: $41,269.69
General Part Town Payroll 5/18/14 - 6/14/14 Totaling: $722.87
Highway Payroll TW 5/18/14 - 6/14/14 Totaling: $230.68
Highway Payroll PT 5/18/14 - 6/14/14 Totaling: $7,551.54

Councilman Gier motioned to payment of Abstract 7, and was seconded by Councilman Kaczmarek.  A roll call vote was taken:  Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

At 8:15 pm, the Town Board was about to enter an executive session, but prior to this, they held a moment of silence in honor of Justice Linda Crouse and part councilwoman Leah Mirusso who both recently passed away.

Following the moment of silence, Councilman Gier motioned to enter executive session for personnel issues, seconded by Councilman Kaczmarek.  4 ayes, 0 nays.  MOTION CARRIED.

At 8:37 pm, the Board returned from executive session.  Supervisor Pero motioned to close the executive session and was seconded by Councilman Gier.  4 ayes, 0 nays.  MOTION CARRIED.

Upon the re-opening of the regular session, Town Attorney William Trask advised the Board to adopt the following resolution asking Administrative Judge Paulla Feroletto to appoint Eden Town Justice Judge Michael Cooper as acting Town Justice for the Town of Brant.  Supervisor Pero motioned to approve the request be sent to the Administrative Judge and was seconded by Councilman DeCarlo.  A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Gier-aye.  4 ayes, 0 nays.  MOTION CARRIED.

Attorney Trask added that Judge Marky asked that a copy of the letter be forwarded to him.  He instructed Supervisor Pero to have his Secretary send a copy of the letter and that he will then forward a copy to Judge Marky.

At 8:40 PM, Supervisor Pero motioned to adjourn in memory of Justice Linda Crouse and past Councilwoman Leah Mirusso.  The balance of the Board seconded the motion.  MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk