Minutes of the November 10, 2015 Town Board mtg
This Regular Meeting of the Brant Town Board was held on Tuesday, November 10, 2015 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
Leonard K. Pero, Supervisor
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman
Donald Clark, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary
William Trask, Sr., Town Attorney
Also present and signed in were:
Michael Muffoletto, Resident (2016 Councilman elect)
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Joseph DeCarlo, Assessor
Ronald Kobel, Resident
Lee Brunelli, Resident
Brian Rott, Resident
Joyce Ellis, Resident
Peter Chiavetta, Resident
Lynda Mason, Resident
Brian Campbell, SUN Reporter
Frank Gugino, Resident
Susan Gugino, Resident
Jackie Hoisington, Village Clerk/resident
Jere Hoisington, Village Trustee
Karl Simmeth, Assemblyman DiPietro Rep.
Stanley Kijek, Resident
Robert Sager, Resident
Julie Sager, Court Clerk
Sam Sicurella, Jr., Resident
Charles Arrigo, Resident
Bob Depovelo, Resident
Geraldine Depovelo, Resident
Jim Hooge, Resident
Ronald Mason, Resident
John Arrigo, property owner
Beverly Wasmund, resident
Matthew Muffoletto, resident
Joseph DeCarlo, Assessor
Kirk Ritz, resident
Janet Bowman, Assessor's Clerk
Phil Pericak, resident
Janice Pericak, recident
Joseph DeMaria, resident
Alicyn Dimpfl, resident
Lisa Dimplfl, resident
Sherman Reickart, Jr., resident
Sharon Catalano, resident
Willie Easterling, resident
Kathleen Chiavetta, resident
Eric Ring, resident
Tammi Smith, resident
Jeffrey Gier, Town Justice
Alden Harwood, resident
Joseph Giambrone, Highway Superintendent
Carmen Vacco, resident
Timothy Clark, resident
Butch Kijek, Highway MEO
Mark Mogavero, resident
Craig Scholl, resident
The meeting opened at 7:00 PM with a pledge to the flag.
APPROVAL OF THE OCTOBER 13, 2015 TOWN BOARD MEETING MINUTES. Councilman Clark motioned to accept the minutes of the October 13th Town Board meeting, and was seconded by Councilman DeCarlo.
4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman DeCarlo moved and was seconded by Councilman Kaczmarek to accept the Supervisor’s September 2015 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S BUDGET MODIFICATIONS: Supervisor Pero read the following budget modifications as recommended by the Town Accountant:
FROM: Richard A. Gryksa MBA, Town Accountant
SUBJECT: Recommended Budget Modification # 4 as of : September 30, 2015
Please make a resolution at the regular Town Board meeting on November 10, 2015 to approve the
following Budget Modifications to the 2015 Adopted Budget.
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide (A)
$ 1,375.00 (DR) Decrease A1220.11 Supervisor Secretary Pers Serv
$ (1,375.00) (CR) Increase A1340.1 Budget Pers Serv $ 1,374.28
$ 200.00 (DR) Decrease A1625.4 Recreation Building Contr Expend
$ (200.00) (CR) Increase A1625.1 Recreation Building Pers Serv $ 200.00
$ 526.00 (DR) Decrease A3120.11 Police-Officers, Guards etc. Pers Serv
$ (526.00) (CR) Increase A3120.12 Police-Court Bailiff Pers Serv $ 525.90
$ 1,138.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (1,138.00) (CR) Increase A7020.1 Recreation Administration Pers Serv $ 1,137.78
$ 2,337.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (2,337.00) (CR) Increase A7020.4 Recreation Administration Contr Expend $ 2,336.34
$ 355.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (355.00) (CR) Increase A7180.1 Special Recreation Facility-POOL Pers Serv $ 354.75
$ 1,080.00 (DR) Decrease A7550.41 Summer Fest Events Contr Expend
$ (1,080.00) (CR) Increase A8189.4 Other Sanitation-E-Waste Contr Expend $ 1,079.40
$ 644.00 (DR) Decrease A9050.8 Unemployment Insurance Contr Expend
$ (644.00) (CR) Increase A9060.8 Medical & Dental Insurance Employee Benefit $ 93.37
$ 176.00 (DR) Decrease A9730.71 BAN (Town Hall Parking Lot) Interest
$ (176.00) (CR) Increase A9730.7 BAN ( Town Hall) Interest $ 175.33
Highway - Townwide (DA)
$ 712.00 (DR) Increase DA5142.1 Snow Removal Pers Serv
$ (712.00) (CR) Increase DA9060.8 Medical & Dental Insurance Employee Benefit $ 711.84
Councilman Clark motioned to approve the budget modification as presented and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, and 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 September 2015 Regular Financial Report as read. He was seconded by Supervisor Pero, 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S SEPTEMBER 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman DeCarlo made the motion to approve the September 2015 financial reports of both Justice’s bail and regular accounts, and was seconded by Councilman Clark, 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: CEO Brecker presented his October Report. He notified the Board that he is creating a list of dilapidated, abandoned homes to give to the Buffalo & Erie County Land Improvement Corporation. They are buying up foreclosed properties that are dilapidated. Councilman Clark asked if the scrap yard is in compliance with the dates they were given as deadlines. CEO Brecker said no, they were not, but he is not violating them because progress is being made each month. Councilman Clark noted concern about the fence appearing to lean towards the scrap yard. CEO Brecker answered that the wooden fence is making it look like the stone wall is leaning but it is actually the wooden one. Clark added that he is watching the progress and wants CEO to document it. Councilman Clark motioned to accept the report as read, and was seconded by Councilman DeCarlo, 4 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S SEPTEMBER (& OCTOBER) 2015 REPORT: Dog Control Officer Barbara Daniel
presented her September dog report and requested to Table her October report until December meeting.
Councilman DeCarlo motioned to accept her report as read, and was seconded by Councilman Kaczmarek.
4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT OCTOBER 2015: The October 2015 police report was presented by Councilman DeCarlo. Councilman Kaczmarek 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 OCTOBER 2015: The Town Clerk’s monthly activity report for October 2015 was presented by Clerk Daniel. Councilman Clark asked the Clerk if she posted the Lake Purchase survey online. The clerk responded yes, and explained it was to alleviate the numerous calls from people wanting to know about the survey results. Councilman Clark reprimanded the Clerk for posting the results online. Councilman DeCarlo responded that the clerk was concerned with transparency. Councilman DeCarlo moved to accept the Town Clerk’s October activity report as read, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD AUGUST REPORT: Secretary Lynda Ostrowski read the November Planning Board report. Councilman Kaczmarek motioned to approve the minutes as read and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: ZBA secretary Lynda Ostrowski read the report of an open meeting held by the Zoning Board of Appeals which was held November 4th. The Zoning Board recommends the appointment of Frank Broughton as Zoning Board Chairman.
Supervisor Pero motioned to approve the appointment of Frank Broughton as the Zoning Board chairman and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
TOWN HISTORIAN REPORT: The Town Historian minutes of the October meeting were read by Supervisor Pero. Councilman DeCarlo motioned to approve the report as presented. He was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
PARKS COMMISSIONER REPORT: No report presented.
FIRE DEPARTMENT REPORTS: No reports presented.
SENIOR’S REPORT: Minutes of the November 4th Senior meeting were read by Secretary Lynda Ostrowski. Councilman Clark motioned to accept the minutes as read. He was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
PUBLIC HEARING: 8:00 PM – PROPOSED LOCAL LAW #2-2015 TAX CAP AMENDMENT:
The Town Clerk read the Legal Notice:
TOWN OF BRANT, NEW YORK
NOTICE OF PUBLIC HEARING - .73% TAX CAP LAW
Pursuant to resolution of the Town Board of the Town of Brant, New York, notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant North Collins Road, Brant, New York on Tuesday, the 10th day of November, 2015 at 7:30 PM Local Time, for the purpose of considering Proposed Local Law No. 2-2015 which if approved would authorize the Town of Brant to exceed the tax levy limit established by General Municipal Law Section 3-C of the 2016 budget year.
Copies of the proposed local law are available in the office of the Town Clerk. All interested parties will be given the opportunity to be heard.
Dated October 20, 2015
By Order of the Brant Town Board
Barbara J Daniel
Brant Town Clerk
Supervisor Pero motioned to open the public hearing at 7:30 PM and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero explained why the law was proposed. Resident Sherman Reickart asked if the Board was going to adopt the law that would allow the residents to exceed the tax cap of .73%. Supervisor Pero answered that the Budget as it is being presented does not exceed it. Mr. Reickart responded that the Law should have been presented after the budget. Supervisor Pero agreed and told Mr. Reickart that he was told to present them this way.
Supervisor Pero noted that a lot of Towns like Orchard Park are exceeding the cap by raising their budgets 5%. Holland is raising theirs by 3%, Evans 8%. He continued that those Town residents will lose their rebate checks. He then read the proposed law:
Proposed Local Law No. 2 of the year 2015
Town of Brant, County of Erie
A local law to override the tax levy limit established in General Municipal Law §3-c
Section 1. Legislative intent
It is the intent of this local law to allow the Town of Brant to adopt a budget for the 2016 fiscal year that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Brant, County of Erie, is hereby authorized to adopt a budget for the 2016 fiscal year that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon adoption by the Brant Town Board.
At 7:34 PM Supervisor Pero motioned to close the public hearing, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero motioned to reject proposed local law #2-2015. 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. LOCAL LAW #2-2015 REJECTED.
WARGULA PROPERTY STATUS: Councilman Kaczmarek stated that he saw the contract for the Wargula property and that Mr. Wargula told him that he gave the contract to his attorney.
ACKNOWLEDGEMENT OF VISITORS: Supervisor Pero acknowledged the attendance of Karl Simmeth of Assemblyman DiPietro’s office. He asked the representative to look into the solar grant that was promised by Sen. Grisanti. Karl also advised that if anyone is in need of the Assemblyman’s assistance, they can call 716-655-0951.
GHD’s SEQR RESULTS: Will be presented at the December meeting.
PURCHASE AGREEMENT FOR LAKE PROPERTY: This Agenda item will be handled at the December Board meeting.
UNIFIED JUSTICE COURTS AUDIT: Supervisor Pero asked if Mr. Joseph Ostrowski set up the audit date for the Justice Court Audit. Mr. Ostrowski responded yes, it is scheduled for January.
SHRED-IT SERVICES: Supervisor Pero clarified that the approved Shred-it service requested by the Assessor and Town Clerk is unlimited.
REFUSE BID APPROVAL: Supervisor Pero presented the figures offered by Waste Management and Bestway Container Service LLC. He then read the resolution he drafted to approve the lowest responsible bidder:
Resolved, to authorize Supervisor Pero to accept the Refuse Bid received from Best Way Container Service, LLC and to enter into a contract with Best Way Container Service for the years 2016 and 2017 with Village Board approval, with an option of TWO ONE-YEAR extensions upon Brant Town Board and Farnham Village Board approval. The Bid amount was $119.88 per unit x 900 units for a total annual cost of $107,892.00. If the Town & Village Boards extend in 2018, the increase shall be 2.5% ($2,697.30) for an annual total of $110,589.30. If the Village & Town Boards extend in 2019, the increase shall be 2.5% ($2,764.73) for an annual total of $113,354.03.
The Town portion of the annual contract for 2016 and 2017 will be $89,910.00 which is $119.88 x 750 stops. The Village portion of the annual contract for 2016 and 2017 will be $17,982.00 which is $119.88 x 150 stops. The extensions, if accepted, will increase 2.5% per year of increase for both Village and Town.
Councilman Clark then motioned to adopt the resolution, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Donald Clark-AYE, Councilman Mark DeCarlo-AYE, Councilman Chad Kaczmarek-AYE, Supervisor Leonard Pero-AYE, 4 ayes, 0 nays. RESOLUTION ADOPTED.
SALT AGREEMENT WITH LAKESHORE SCHOOL DISTRICT: Supervisor Pero asked Highway Superintendent Joe Giambrone what the current cost of Salt was, which would allow the Board to set a per scoop price. Superintendent Giambrone was unsure. Therefore the Salt agreement will be tabled until December’s meeting. Councilman Kaczmarek motioned to table the agreement until the next meeting, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. TABLED.
ACKNOWLEDGEMENT OF HIGHWAY HIRES: Supervisor Pero acknowledged the hiring of Cody Gould to fill the vacancy left by Sam Sicurella. He also acknowledged the hiring of Josh Nolan.
Supervisor then presented the following proposed resolution:
RESOLUTION – SUPPORTING THE TERMINATION OF THE CURRENT
1977 SALES TAX REVENUE DISTRIBUTION AGREEMENT.
A motion was made by Councilman DeCarlo, seconded by Councilman Clark to adopt the following resolution supporting the termination of the current 1977 Sales Tax Revenue Distribution Agreement:
WHEREAS, on December 30, 1977, the County of Erie, the City of Buffalo, the City of Lackawanna and the City of Tonawanda entered into an Agreement in regard to the sales tax revenues distribution; and
WHEREAS, the Agreement provided a disposition of 25.6858 percent to the cities and the areas outside the cities in proportion to their respective populations as determined in accordance with the latest decennial federal census; and
WHEREAS, the Agreement provided an additional disposition of 10.0087 percent to the cities, but no additional disposition to the areas outside of the cities; and
WHEREAS, having not been updated in almost four decades, this formula now results in the cities of Erie County receiving more than twice as much sales tax revenue as the Town of Erie County on a per capita basis; and
WHEREAS, the largest component of property taxes are school district taxes; and
WHEREAS, the combination of the property tax cap and state mandates have led to services and programs being cut by both towns and school districts; and
WHEREAS, a more equitable formula would allow towns and school districts to reduce property taxes and to increase services and programs; and
WHEREAS, section 3 of the Agreement dated December 30, 1977 provides that any time subsequent to November 30, 1982, each party to the Agreement shall have the right to terminate said Agreement by giving one (1) year’s prior written notice, served upon each of the parties;
NOW, THEREFORE BE IT RESOLVED, that the Town of Brant supports the terminating of the current 1977 Sales Tax Revenue Distribution Agreement; and be it further
RESOLVED, THAT THE Town of Brant further supports that a new formula for sales tax revenue distribution be put into place, which provides for a more fair and equitable distribution of the sales tax to the cities and the areas outside the cities in proportion to their respective populations, and be it further
RESOLVED, that the Town of Brant further supports that any new formula for sales tax revenue distribution provides additional funds to school districts in order to allow school districts to provide more opportunities for their students and to reduce property taxes; and be it further
RESOLVED, that a certified copy of this resolution be forwarded to each member of the Erie County Legislature, the Erie County Executive, the Town Supervisors and Village Mayors of Erie County.
A roll call vote was taken for the adoption of the Resolution to support the Termination of the current 1977 Sales Tax Revenue Distribution Agreement: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. RESOLUTION ADOPTED.
PUBLIC HEARING 8:00 PM 2016 BUDGET: Supervisor Pero announced that it was 8:00 and time to open the Public Hearing for the adoption of the 2016 Budget. The Town Clerk read the Legal Notice:
TOWN OF BRANT
NOTICE OF HEARING ON THE PRELIMINARY BUDGET
FOR THE YEAR 2016
Notice is hereby given that the Preliminary Budget for the fiscal year beginning January 1, 2016 and the required Tax Exemption Impact Report will be in the Office of the Brant Town Clerk where it is available for inspection by any interested person during regular business hours and can be found online at [url=http://www.brantny.com]www.brantny.com[/url] on the bulletin page.
PUBLIC HEARING for the Preliminary Budget will be held at the Brant Town Hall, 1272 Brant North Collins Rd, Brant, NY at 8:00 PM on TUESDAY THE 10th day of NOVEMBER 2015.
And at such hearing, any person may be heard in favor or against any item therein contained.
Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows:
Councilman (4)x each $4,777.25
Town Clerk/Tax Collector $28,281.00
Superintendent of Highways $30,425.00
DATED: October 20, 2015
BY ORDER OF THE BRANT TOWN BOARD
BRANT TOWN BOARD
Barbara J Daniel
Brant Town Clerk
Supervisor Pero motioned to open the Public Hearing and was seconded by Councilman Kaczmarek.
Supervisor Pero summarized the changes that were made to the Tentative Budget, which then became the Preliminary. He noted that the Preliminary has been available online for viewing and is the same budget that will be voted on tonight. He explained the 2% increase in pay for employees. He noted a reduction in his office Secretary position. The debt figures were discussed. John Arrigo questioned the $70,000 being transferred to other accounts. Supervisor Pero answered that it was being transferred to the fund balance. Pero summarized that the budget was reduced by -0.01 and there will be no increase to the budget for 2016.
Supervisor Pero asked if anyone wished to speak. No one spoke. At 8:08 PM, Supervisor Pero motioned to close the public hearing, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. PUBLIC HEARING CLOSED.
2016 BUDGET VOTE: Supervisor Pero motioned to adopt the 2016 budget as presented. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED. 2016 BUDGET ADOPTED.
REPORTS OF COMMITTEES: None presented
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Councilman Kaczmarek asked the Board to approve allowing Lake Shore wrestling to use the Recreation building for the winter from 6 to 8 pm Monday through Thursday (may add Fridays) for the Months of November through March. Councilman Clark asked about cost for electric and gas, no response given. The program would include 30 to 40 kids who will be limited to Lakeshore School district students only. Attorney Trask asked who was running it. Councilman Kaczmarek answered Bill Sills. Trask wanted clarification if this was a legal entity or a private person. Kaczmarek answered that it would be a legal entity with insurance. Supervisor Pero then motioned to approve the use of the building, with approval from the Town Attorney. 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.
Councilman Kaczmarek then discussed the portable ice skating rink being proposed for the park. It would be installed on the football field in December as earlier install would damage the grass.
COUNCILMAN CLARK: Nothing to report
COUNCILMAN DECARLO: Nothing to report
o Working with Solar Liberty on the Solar project
o Attended 6 meetings in October
RECOGNIZED PRIVILEGE OF THE FLOOR:
Joyce Ellis of Brant Farnham Road: Wants to know why Weitsman has the same taxes as her and wants to know if the Board is being paid off by Weitsman. She complained that the promised paving hasn’t been done and they are installing 6 blocks to the wall per day. Councilman Clark asked her to email him.
Teresa Glogowski of Commercial Street in Farnham: Announced a complaint against one of the signs that were put in front of her house next door to the Farnham poling site. She does not want anyone putting signs on her property.
Peter Chiavetta of Brant Angola Rd: Reminded the Board that he is against the Lake property purchase.
Kirk Ritz of Mileblock Rd: Asked the Board is it was their plan to vote on the lake property purchase in December. Supervisor Pero answered there was a possibility of that. He then added that if the Board chooses to pay off in five years or less, there is no option for a permissive referendum. If they end up choosing to go for longer financing, then it will go to vote.
Lee Brunelli of Brant Farnham Rd: advised the Board that the Town Hall purchase was a necessity. He noted that the Lake purchase is not a necessity.
Frank Broughton of Brant North Collins Rd: Thanked the Zoning Board for their vote of confidence in recommending his appointment as Chairman. The then stated that he supports the lake purchase and then added that it has already gone to referendum when the people voted this Board into office. Based on their vote to place them in office, they Board is authorized to make the purchase.
Eric Ring of Versailles Plank Rd: What is the Lake property assessed at? Assessor DeCarlo responded approximately $290,000. Eric stated that it is too pricey.
John Arrigo of Angola: Against the purchase claiming 70% of the residents didn’t know about the purchase. The ads were too small. The October 8th information meeting was not attended by all the Board members. He complained that the advertisements have been too small. He asked Councilman DeCarlo if he felt that a public referendum should be done to allow the people to choose. Councilman DeCarlo answered yes; it should go to a vote. Councilman Clark answered that the Board is trying to keep the entire project as transparent as possible.
Councilman DeCarlo asked for a show of hands of anyone wanting the purchase to go to a public referendum. The majority of audience members raised their hands.
Lynda Mason of Milestrip Rd: Price is too high, assessed at about $290,000, restrictions are numerous. Advises the Board to hold a permissive Referendum. Supervisor Pero discussed the value of lake front property. Lynda asked about accessibility. Pero answered that a path would be created.
Henry Hannel of Lake Shore Rd: Why can’t we finance it over 6 years so it can go to vote? We can always still pay it off early. Supervisor Pero responded that if it goes to referendum vote, the Town may as well finance it over 20 years.
Alden Harwood of Lotus Bay Rd: [clerk’s note: sound on recorder was muffled during his question and was unable to be deciphered]. Alden was concerned about making sure the project was a matter of public record.
Donna Marien of Brant Farnham Road: Asked why the Board couldn’t share the restrictions before they voted on the purchase. Councilman DeCarlo stated he wants to share the restrictions. Supervisor Pero named a couple of the restrictions. Councilman Clark brought out the list of restrictions and read them as follows:
Lotus Abode, LLC
1) Preservation of old woods located in the mid “south” part of the parcel (area not farmed by Wilhelm’s according to old farm map). Removal of live trees in the old growth area noted on the survey shall not be permitted at any time.
2) Preservation of habitats. The owner will use their best efforts to preserve the habitats and natural ecology of the land for the education and enjoyment of future generations.
3) Walking trails and paths for small utility vehicles and vehicles for the handicapped may be created as well as necessary step providing access to Lake Erie. (Roadways for cars and large vehicles will not be created except in campground where roads for access to campsites may be maintained).
4) Building on the land will be limited to educational classrooms and museum, recreational pavilions, gazebo type shelters for picnicking, resting and reflection upon the environmental gifts of the property, steps for access to the beach, and bathroom facilities in the campground and near the beach. A parking lot may be maintained with entrance from Old Lakeshore Road to services 12-20 vehicles. Camping will only be permitted in the campground.
5) The campground (with Camp Office) will be used for “dry” camping, i.e.: no water or sewer hookups to sites.
6) Motorized vehicles except those used for maintenance or handicap access will not be allowed except in campground.
7) The campground portion may be named at the discretion of the Town or as suggested “the Wilhelm-Genrich Campground”.
8) No boat launch will be constructed and no boat docking accessed from the property will be constructed.
9) Signage will be maintained along the beach indicating where private property begins to discourage trespass and prohibiting the removal of driftwood or rock and prohibiting climbing on the cliffs.
10) Signage restricting motorized vehicle use shall also me maintained.
11) The property will be named the Wilhelm-Rusling Preserve.
12) The property may not be developed for residential or commercial use at any time.
Supervisor Pero noted that the Town of Brant will also have its name on the property. He then described the Wilhelm owner, stating that he owned the Tannery in Gowanda. He added that Mr. Wilhelm was an important part of Town history and they wish to preserve that.
Pero then mentioned that he spoke with the Land Conservancy department to look into loan options. They reported to him that the average loan they give is $545,000. They work with the communities in an effort to conserve land.
Joe DeMaria of Ellis Road: Will there be long term expenses down the road. Can residents visit the site? Are the restrictions going to prevent the residents from using the property? Supervisor Pero answered that the residents are welcome to visit the location right now. And once the purchase is made, they can visit the property whenever they wish. DeMaria then asked why he received the survey on the 3rd of November and it was due back to the Board by the 4th. Councilman Clark stated this is an ongoing project. DeMaria expressed a desire for answers.
Councilman DeCarlo suggested the Board create a plan that would give the residents a better idea what it would cost, etc.
Supervisor Pero noted that there are 1484 parcels in the Town and the cost will therefore be split between that many parcels.
Joyce Ellis asked why the owner couldn’t donate it to the Town of Brant.
No further questions were asked. Supervisor Pero made a motion to close the open session, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero received the following correspondence:
• Sales Tax first November remittance is 1.65% above the corresponding payment in 2014.
• Times Warner letter about upcoming changes
Supervisor Pero read the Abstract:
Abstract 11 of 2015
*Prepaid and unpaid as of November 10, 2015
Gen Fund Town wide Vouchers Totaling: $30,086.10
Gen Fund – Part Town Voucher Totaling: $9,821.09
Highway T.W. Vouchers Totaling: $4,729.02
Highway P.T. Vouchers, Total: $23,532.65
Fire Protection: Vouchers: Totaling: 0
H Capital Projects: Vouchers none, Totaling: $5,875.00
Street lighting: Voucher totaling: $2,579.49
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 10/04/15-10/30/15 - Totaling: $41,395.00
General Part Town Payroll 10/04/15-10/30/15 - Totaling: $633.30
Highway Payroll TW 10/04/15-10/30/15 - Totaling: $6,302.37
Highway Payroll PT 10/04/15-10/30/15 - Totaling: $0
Councilman Clark motioned to approve the above for on Abstract 11 as presented, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, and Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARIED.
Supervisor Pero then asked for the Board to approve the following bills to be paid with Abstract 12 prepays.
Staples Advantage (Office Supplies) $148.06
Time Warner Phones $773.79
Barbara Daniel $9.69 (for mailing out CDBG forms & CHIPS)
Nick Burbige $50.00 (e-waste attendance for October)
Councilman DeCarlo motioned to approve the above listed vouchers with the prepays for December. Supervisor Pero seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, and Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then announced the next regular Town Board meeting as December 8, 2015 at 7:00 PM.
Supervisor Pero announced the Town Board will enter executive session and that no business will be conducted after they close the executive session. The session is to discuss contracts.
Councilman Clark motioned to enter executive session at 9:16 PM and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
At 10:00 PM, Supervisor Pero motioned to close the executive session and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. EXECUTIVE SESSION & BOARD MEETING CLOSED.
Barbara J Daniel, Brant Town Clerk