MINUTES OF PUBLIC HEARING HELD 7/29/15


This Regular Meeting of the Brant Town Board was held on Wednesday, July 29, 2015 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 6:00 PM.

PRESENT WERE:
Leonard K. Pero, Supervisor
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman 
Donald Clark, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary

Also present and signed in were:

Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Gary Brecker, Code Enforcement Officer
Timothy Clark, applicant
Eric Zahner

Supervisor Pero called the meeting to order at 6:04 PM with a pledge to the flag.  Meeting was conducted in Conference room due to the Courtroom being used by Court.

At 6:07 PM, Supervisor Pero motioned to open the public hearing, and was seconded by Councilman Clark.

The Town Clerk read the public hearing notice:

LEGAL NOTICE
TOWN OF BRANT TOWN BOARD
NOTICE OF PUBLIC HEARING

	NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 29th day of July, 2015 at 6:00 P.M. local time for the purpose of considering the Special Use Permit application of Timothy Clark to erect a windmill located at 1461 Milestrip Rd. within the Town of Brant New York. 
All interested parties will be given an opportunity to be heard.  
Dated: 	July 20, 2015
By order of the Brant Town Board
BARBARA DANIEL
BRANT TOWN CLERK
 

Eric Zahner, representative of the company who will be installing the windmill at the Clark horse farm on Milestrip Road, introduced himself. 

The first person to speak regarding the application was Planning Board Chairman Joseph Ostrowski.   He commented that the windmill project was within the guidelines of the Master plan.  There have been no complaints about the application.  It is the Planning Boards recommendation that the Special Use Permit be granted.

Second person to speak was Code Enforcement Officer Gary Brecker.  He approves of the windmill and met with the Planning Board who gave three conditions:
1.	Must be placed in the depression of the land to meet height requirements
2.	Sheriff’s Department must be notified of the installation
3.	Base of the windmill must be a solid tube construction, per Section C of the Windmill law.

No further discussion took place.  Supervisor Pero motioned to close the Public Hearing and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-abstain, Councilman DeCarlo-aye.  3 AYES, 0 NAYS, 1 ABSTAIN.  MOTION CARRIED.

Supervisor Pero motioned to approve the Special Use Permit with the 3 conditions placed by the Planning Board.  Councilman Kaczmarek seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-abstain, Councilman DeCarlo-aye.  3 AYES, 0 NAYS, 1 ABSTAIN.  MOTION CARRIED.

WEIGHT LIMITS IMPOSED FOR HAMMOND ROAD:  Supervisor Pero then presented the motion to limit the weight of vehicles driving on Hammond Road between Route 249 and Milestrip to five (5) tons.  Councilman DeCarlo seconded the motion.  A roll call vote was taken:  Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye.  4 ayes, 0 nays. MOTION CARRIED.

CIVIL SERVICE DISCREPANCY WITH HIGHWAY POSITION:  Supervisor Pero addressed the Board about a problem he noticed when he started learning to enter the payroll.  Highway Laborer Mark Reynolds was listed as a truck driver with Civil Service.  He explained that this could be a problem since he has no Commercial Driver’s license.  He then added that Cody (his temporary replacement) has a CDL.  He then asked the Board to move Mark Reynolds to his proper Laborer position with Civil Service.  It would not affect his rate of pay but would limit him to 19 ˝ hours per week.  He also asked the Board to approve putting Cody in the truck driver position.  Councilman Kaczmarek objected to adding a new employee with the Highway Department as he couldn’t see running three trucks at a time.  Supervisor Pero added that he is just trying stay within the civil service guidelines.  Kaczmarek stated he didn’t want to see Cody having 20 hours a week either.  Supervisor responded unless the Highway was a DPW, we cannot dictate the Superintendents workforce.  Pero added that the rate of pay will remain the same.  Councilman DeCarlo then motioned to transfer Mark Reynolds from truck driver to Laborer position at 19 ˝ hours per week and transfer Cody Gould from laborer to truck driver.  Councilman Clark seconded the motion.  A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

REFUND OF RECREATION FEES:  Supervisor Pero noted that a Town Resident who paid for their child to attend recreation has asked to receive a refund since an unexpected problem prevented the child from participating.  Supervisor Pero motioned to approve the refund and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  4 ayes, 0 nays.  MOTION CARRIED.

METAL DETECTOR POLICY DUSCUSSION: Supervisor Pero stated the Chief did not have a policy to recommend to the Town Board yet.  Discussion began to determine if it was necessary for Board meetings.  Supervisor Pero acknowledged that using the metal detector will increase Town expenses for court approximately $15,000/yr.  
He was about to eliminate the detector, but Justice Gier objected saying that court attendees have been found with knives, etc.  Councilman Clark said he felt it is ok for Court but unnecessary for Board meetings.  Supervisor Pero then stated that since it is already a state law for Court, and they will not use it during Board meetings, no policy will be needed.

WARGULA PROPERTY PURCHASE:  Attorney Trask was unable to attend this meeting.  Discussion began about the purchase.  Supervisor Pero noted that 30 days must pass without a petition being filed against the purchase.  Therefore, if 30 days pass since the adoption of the SEQR resolution (July 14, 2015) for the purchase petition against it is filed, the Board shall vote to move forward at the August 11th meeting, contingent on no petitions are received as of August 13, 2015. The expenses with include the purchase price of $20,000 plus closings costs and survey.

LAKE FRONT PROPERTY PURCHASE: Supervisor Pero noted that GHD is speaking with Bond Counsel on how they can work the $25,000 deposit for the property.  The seller is worried about paying the upcoming taxes.  

TOWN HALL PARKING LOT:   Supervisor Pero informed the Board that John Matuzak would like to start the parking lot on August 10th.  He then stated that he told Allen to get that concrete curb in as soon as possible.   The blacktop has to be pitched to the far corner and the drain has to be removed.

USDA CALL TO SUPERVISOR REGARDING SEWER & WATER LOANS: Supervisor Pero received a call July 29 asking if the Town sold their sewer to Erie County.  He told the caller no, it was a pass through.   The caller then claimed the Town has a deficit.  He then said he will have to call a meeting with all involved to discuss what transpired with the sewer.   He then added that there was a deficit in the water due to a leak in the water tower that the Town had to pay half of.  However, the repair was not budgeted.  Supervisor Pero told the caller the Town will budget for the water deficit this year and the deficit will be satisfied. 

VARIOUS DISCUSSIONS:  Supervisor Pero discussed the low attendance at the free concert on July 27th.  Councilman Clark noted that it was probably the heat.  Also, Councilman Clark would like the backdrop wall of the pavilion to be painted.  Councilman Clark asked what happened with the 4th of July pay?  Some of the employees were upset because they did not get a paid holiday.  They felt they should have had off on the 3rd.  Supervisor Pero answered that it was the 3rd of July, not the 4th.  Councilman Clark mentioned that he would like to see the ball diamond dedicated to Leah Mirusso.  Supervisor Pero added that what about Herman Ciminesi since he is the one who started it all.  They will further discuss at the August meeting.

ABSTRACT 8 PRE-PAYS:  Supervisor Pero read the following list of vouchers being submitted for payment with the normal pre-pays for Abstract 8:

REQUEST APPROVAL ADD THE FOLLOWING TO PAY THE FOLLOWING VOUCHERS ON ABSTRACT 8	
				
THE FAIR PUBLISHING HOUSE	BAL DUE RIBBONS (SUMMERFEST)	 $                         84.25 		
ASSOC OF E.C. GOVT	7/23/15 MTG	 $                         20.00 		
OFFICE OF STATE COMPTROLLER	STATE SHARE OF JUNE FINES	 $                   9,073.50 		
FIRST BANKCARD 	COUNSELORS FR SPLASH LAGOON	 $                      430.80 		
BLUE CROSS/BLUE SHIELD	BRANT RETIREES	$                    1,245.00 		
BLUE CROSS/BLUE SHIELD	JUNE 2015 HEALTH INS	$                    3,019.44 		
DELTA DENTAL	DENTAL INS FOR AUGUST 2015	 $                      391.92 		
PROMARK INTERNATIONAL	METAL DETECTOR	 $                   4,653.41 		
DELL (LAPTOP)	SUPERVISOR LAPTOP	$                       538.00 		
				
		 $           19,756.32 	TOTAL	

Supervisor Pero noted that the payment for Country Joe’s performance was not on the list.  He added the payment amount for Country Joe at $300.00 to the above list.  Councilman Clark motioned to approve payment of the vouchers as read.  Councilman DeCarlo seconded the motion.  A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye.  4 ayes, 0 nays.  MOTION CARRIED.

RESIDENT JANICE ROSS ADDRESSED THE BOARD:  Janice asked if the Board members would be attending the Senior Picnic on the 3rd of August.  The picnic starts at 5:00 PM and the president of the Seniors would like them to attend.

Councilman Clark motioned to the meeting AT 6:52 pm and was seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MEETING ADJOURNED.


Respectfully submitted by,


Barbara Daniel
Brant Town Clerk