MINUTES OF THE DEC 9, 2014 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, December 9, 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
Donald Clark, Councilman
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary

Absent:
Jeffrey Gier, Councilman

Also present and signed in were:

Donald Hepkins, Police Chief
Lee Brunelli, resident
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Neil Ross, Planning Board alt.
Joyce Ellis, resident
Joseph Wittenzellner, resident
Brenda Emminger, resident
Janet Bowman, Assessor’s clerk
Joseph DeCarlo, assessor
Karl Simmeth, representative to Assemblyman DiPietro
Joseph Giambrone, Hwy. Superintendent
Frank Broughton, Planning Board member
Debra Ritz, resident
Brian Rott, resident
Brian Campbell, SUN reporter

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

MINUTE APPROVALNOVEMBER 12, 2014 Regular Town Board meeting.  Councilman Clark motioned to accept the minutes of the November 12, 2014 Town Board meeting, and was seconded by Councilman DeCarlo.  4 ayes, 0 nays. MOTION CARRIED. 

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

BUDGET MODS:  There were no budget modifications.

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Kaczmarek moved to accept the Town Clerk’s October 2014 Financial Report.  He was seconded by Supervisor Pero.  4 ayes, 0 nays.  MOTION CARRIED. 

COURT CLERK’S OCTOBER 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Clark made the motion to approve the October 2014 financial reports of both justices bail and regular accounts, and was seconded by Councilman Kaczmarek.  4 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker read his report for November.   Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Kaczmarek.  4 ayes, 0 nays.  MOTION CARRIED.

DISCUSSION: Code Officer Brecker noted that he had just received a written complaint from resident Joyce Ellis.  Joyce was present and Supervisor Pero asked her if she would like to speak regarding her complaint.  She stood and listed some of the problems she has with the new owner of Brant Auto, Weitsman.  Some of the items were:
1.	Hours of operation are too long, with no breaks from the beeping sound all day long starting 6 am.  The beeping starts at 6 am and goes constantly until evening.
2.	Heavy truck traffic all day long
3.	Hardpan road is now very congested
4.	She feels it is not being run in the same manner as Brant Auto and she added that the law states to transfer a special use permit, the business must run in the same manner.
5.	She claimed that he is not running his business by the advertised hours.  
6.	Worried about the kids that ride their bikes past the business during the summer.

Attorney Trask stated that the Code Officer has the ability analyze the way the business is being operated.  Since the Town is against the expansion of a non-conforming use, he can impose restrictions on the business if he feels it is not being operated in the same manner as the predecessor.  If the restrictions are aren’t followed, he then has the ability to issue a court summons for code violations

The Board members asked those present with complaints what their addresses were in relation to the junk yard.  Mogavero’s are at 1103 Brant Farnham Road, Joyce Ellis is at 1113, Joe Wittenzellner is at 1117.  Councilman Kaczmarek stated that he is at 1039 and he also has issues with the business.  The Town Board then noted that they will look into a resolution to the problem.

DOG CONTROL OFFICER’S NOVEMBER 2014 REPORT:  Dog Control Officer Barbara Daniel requested to table her report until the January meeting. The report was tabled.

POLICE REPORT NOVEMBER 2014: The November 2014 police report was read by Chief Donald Hepkins.    
Supervisor Pero motioned to approve the report as read, and was seconded by Councilman DeCarlo.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR NOVEMBER 2014: The Town Clerk’s monthly activity report for November 2014 was read by Clerk Daniel.  Councilman Gier moved to accept the Town Clerk’s November 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 November 25th Planning Board meeting.  Councilman DeCarlo motioned to approve the report as presented, and was seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED.

ZONING BOARD REPORT:  No meeting was held.

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT:  Nothing to report

TOWN HISTORIAN REPORT: The Town Historian minutes were read by Supervisor Pero.  Councilman DeCarlo motioned to accept the minutes as read, and was seconded by Councilman Kaczmarek.  4 ayes, 0 nays.  MOTION CARRIED.

FIRE DEPARTMENT REPORTS:  No reports were read.

SENIOR’S REPORT: Councilman Clark read the names of the newly elected officers of the Brant Seniors.  Ther were: President: Neil Ross, Vice President: Sharon Catalano, Secretary: Lynda Ostrowski, Treasurer: Jenaette Mirusso, Supply Sergeant: Janice Ross.  The appointed officers were: Theresa Quagliana-Sunshine Club, Marge Pero & Sharon Catalano-Travel Committee, Phyllis Muscato-Sergeant at Arms.

OLD BUSINESS:

ADDENDUM TO AG DISTRICT PERMITTED USE LAW is set for public hearing on Tuesday January 13, 2015 at 8:00 PM.    Attorney Trask noted that he sent the ZR-1 paperwork to Erie County Mark Lee.  Mark Lee noted that the Resolution the Town Clerk submitted to Erie County listed the date of the public hearing as January 13, 2014, instead of 2015.  The typo will be corrected in the Town Clerk’s office.

JUSTICE COURT AUDIT:  Supervisor Pero stated that Councilmen Gier and Kaczmarek spoke with Joseph Ostrowski about the beginning the Justice Court Audit on Friday (December 12).  

2015 POLICE VEHICLE PAPERWORK ARRIVED: Supervisor Pero noted that he received the paperwork for the 2015 Chevy Tahoe SSV 4WD.  Unfortunately, the dealer won’t have the vehicle for 16 to 22 weeks.  We won’t get it until April.  They are going through Ford credit.  The dealer will hold onto the current request until then.

NEW BUSINESS:

SET DATE FOR 2015 ORGANIZATIONAL MEETING: Supervisor Pero set the date for the 2015 Organizational meeting to January 6, 2015 at 6:30 PM.

EMPLOYEE HANDBOOK CORRECTIONS: The employee handbook will be amended to include the same statement regarding paid holidays for office staff for holidays that occur during regularly scheduled work days.  The statement will be the same statement as is included in the Organizational minutes each year.  Amended copies will be distributed to the employees. Councilman DeCarlo motioned to accept the Amendment as noted, and was seconded by Supervisor Pero.  A roll call vote was taken: Councilman DeCarlo-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye.  4 ayes, 0 nays.  MOTION CARRIED.

COPY MACHINE RETURNS (EXPIRED LEASES): Town Clerk Daniel’s noted that the copy machines leased through DeLage Landen were cancelled upon their expiration.  However, she noted that it was brought to her attention that the lease required a 60 day notice prior to the termination.  Therefore the Town is bound to two more monthly lease payments.  There is no copy of the lease agreement to be found.  
NOVEMBER STORM REVIEW: Supervisor Pero read his written storm narrative.  (The complete narrative will be on file in the Town Clerk’s office for those interested).  He thanked all those who helped during the state of emergency.
APPROVE PAYMENT OF DISASTER PERSONNEL: Supervisor Pero noted that the storm resulted in $44,646.01 in expenses.  He added that these expenses must be paid before the Town can request reimbursement from FEMA.  He asked for a motion to approve payment.  Councilman DeCarlo moved and Councilman Kaczmarek seconded the motion.  A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

MEMORANDUM OF UNDERSTANDING WITH CHIEF DONALD HEPKINS: Supervisor Pero asked the Board members If they had read the Memorandum of Understanding from Donald Hepkins.  The board replied that they did.  Councilman Kaczmarek motioned to approve the memorandum of understanding.  Supervisor Pero seconded the motion.  A roll call vote was taken: Councilman Kaczmarek-aye, Supervisor Pero-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  4 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL APPOINTMENT DURING ABSENCE OF DCO: Barbara Daniel noted she will be out of state from December 10th through the 27th.  She requested the Board to approve a substitute DCO.  The Town Attorney stated that the substitute would have to be named in order for the Board to approve them.  DCO Barbara Daniel requested Andy or Melissa Beaudoin located on North Main Street.  Supervisor Pero motioned to approve the substitute, and was seconded by Councilman Clark.  A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye.  4 ayes, 0 nays.  MOTION CARRIED.

REPORTS OF COMMITTEES: No reports


TOWN BOARD REPORTS:
	COUNCILMAN GIER: Absent
	COUNCILMAN KACZMAREK:  Met with Vincent Fininzio.  Also noted damage done to the park road by 
				          the State D.O.T. during the storm.

	COUNCILMAN CLARK: Nothing to report

	COUNCILMAN DeCARLO: Attended Village of Farnham Board meeting and delivered a statement from
				   the Supervisor

	SUPERVISOR PERO:  Presented his recap of the past 7 years of lowered taxes.  He gave the example of the taxes on a $100,000 homes in 2008 was $812.28 and compared it to a $100,000 home currently which was $629.78.  He added that the taxes have consistently dropped over the 7 year span.  He then noted that he attended 15 meetings in November

RECOGNIZED PRIVILEGE OF THE FLOOR: 
Lee Brunelli of Brant Farnham Road asked why the Town doesn’t fly POW (Prisoner of War) flags on special occasions throughout the year?  Supervisor Pero asked Highway Superintendent Giambone to order them.  

Neil Ross, newly elected president of the Brant Seniors Organization, requested that Councilman DeCarlo be appointed as Liaison to the Brant Farnham Seniors Organization.  Supervisor Pero noted his request, and stated he would put his request into consideration.

CORRESPONDENCE: 

Supervisor Pero received the following correspondence:

•	Sales Tax payment for December 1st is 4.51% greater than 2013 corresponding payment.  The YTD amount is 3.4% above 2013.
•	Letter from Time Warner regarding some of their changes.
•	Letter from Steffan Mychajliw commending Supervisor Pero for his work as Disaster Coordinator during the November storm.

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

Abstract 12 of 2014

*Prepaid and unpaid as of December 9, 2014

Gen Fund Town wide Vouchers Totaling: $82,704.69
Gen Fund – Part Town Voucher Totaling: $1,985.11
Highway T.W. Vouchers Totaling: $25,694.23
Highway P.T. Vouchers, Total $5,923.40
Fire Protection: Vouchers: Totaling: $115,400.00
Street lighting: Voucher totaling:   $2,790.99
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
Brant Water Dist 1: Voucher: none - Totaling $0
Special Grant Fund: unpd: None, Totaling:$0 

General Town Wide Payroll 10/19/14 - 11/29/14 Totaling: $63,648.56
General Part Town Payroll 9/21/14 - 10/18/14 Totaling: $935.34
Highway Payroll TW 9/21/14 - 10/18/14 Totaling: $17,679.51
Highway Payroll PT 9/21/14 - 10/18/14 Totaling: $0

Councilman DeCarlo motioned to approve payment of Abstract 12, and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.   4 ayes, 0 nays.  MOTION CARRIED.

Next Board meeting (Organizational Mtg) will be held January 6, 2015 at 6:30 PM.  The first (Regular) Board meeting will be held on January 13, 2015 at 7:00 pm

At 8:05 PM, Supervisor Pero motioned to adjourn in memory of Thomas Militello who recently passed away, and was seconded by the balance of the Board.  4 ayes, o nays.    MEETING ADJOURNED.

Respectfully submitted by,


Barbara Daniel
Brant Town Clerk