MINUTES OF THE JANUARY 5TH, 2016 REG TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, January 5, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:45 PM (immediately following 2016 Organizational meeting).

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

Absent: 		William J Trask, Sr. - Town Attorney

ALSO PRESENT / SIGNED IN WERE:

Brian Rott		Resident
Debra Ritz		Resident
Lee Brunelli		Resident
Janice Ross		Planning Board member
Joseph DeCarlo		Assessor
John Grennell		Town Prosecutor
Lynda Ostrowski	Secretary to the Boards
Joseph Ostrowski	Planning Board chairman
Frank Broughton	ZBA Chairman
Donald Hepkins		Chief of Police
Ed Dinkuhn		Resident
Patty Friend		Town Historian
Kirk Ritz		Resident
Janet Bowman		Assessor’s clerk
Joe Giambrone		Highway Superintendent
Allen Nolan		Building Superintendent

The meeting opened at 7:45 PM (immediately following 2016 Organizational meeting, therefore no pledge of allegiance).

MINUTE APPROVAL DECEMBER 8, 2015 Regular Town Board meeting.   Councilman Clark motioned to accept the minutes of the December 8, 2015 Regular Town Board meeting, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays. MOTION CARRIED. 

MINUTE APPROVAL DECEMBER 29, 2015 Special Town Board meeting.   Councilman DeCarlo motioned to accept the minutes of the December 29, 2015 Town Board meeting, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Kaczmarek moved and was seconded by Councilman DeCarlo to accept the Supervisor’s December 2015 Financial Report as presented.   5 ayes, 0 nays. MOTION CARRIED. 

BUDGET MODS:  Supervisor Pero presented his budget modification #7 as of November 30, 2015:

Budget	Dec From/	Fund Account			Amount
	(Inc) To
	Code	Description
			MODIFICATION GENERAL FUND TOWNWIDE (A FUND)

		
 $     2,067.00 	(DR) Decrease
 $    (2,067.00)	(CR) Increase	A1340.1	Budget
					
 $       123.00 	(DR) Decrease	A1355.2	Assessment
 $      (123.00)	(CR) Increase	A1355.4	Assessment	Contr Expend	 $           122.92 
 . 
 $       721.00 	(DR) Decrease	A3120.11	Police-Officers, Guards etc.	Pers Serv	
 $      (721.00)	(CR) Increase	A3120.12	Police-Court Bailiff	Pers Serv	 $           720.64 
					
 $     1,401.00 	(DR) Decrease	A3120.2	Police	Equip & Cap Out	
 $    (1,401.00)	(CR) Increase	A3120.21	Police-Grants	Equip & Cap Out	 $        1,400.68 
					
 $         43.00 	(DR) Decrease	A7180.2	Special Recreation Facility-POOL	Equip & Cap Out	
 $        (43.00)	(CR) Increase	A7180.4	Special Recreation Facility-POOL	Contr Expend	 $            42.39 
					
 $         43.00 	(DR) Decrease	A7550.41	Summer Fest Events	Contr Expend	
 $        (43.00)	(CR) Increase	A8189.4	Other Sanitation(E-Waste/Tires Etc)	Contr Expend	 $            49.40 
					
 $           8.00 	(DR) Decrease	A9050.8	Unemployment Insurance	Employee Benefit	
 $          (8.00)	(CR) Increase	A9040.8	Workmens Compensation	Employee Benefit	 $           187.15 
					
			General Fund Part Town (B)
		
 $       168.00 	(DR) Decrease	B8160.4	Refuse & Garbage	Contr Expend	
 $      (168.00)	(CR) Increase	B8010.4	Zoning	Contr Expend	 $           167.02 
					
 $     1,021.00 	(DR) Decrease	B8160.4	Refuse & Garbage	Contr Expend	
 $    (1,021.00)	(CR) Increase	B8020.5	Planning	Contr Expend	 $        1,020.54 
			Highway - Townwide (DA)		
					
 $     2,471.00 	(DR) Decrease	DA5142.1	Snow Removal	Pers Serv	
 $    (2,471.00)	(CR) Increase	DA5130.4	Machinery	Contr Expend	 $        2,470.88 
			Highway - Part Town (DB)		
					
 $         39.00 	(DR) Increase	DB4960	Federal Aid-Emergency Dister Assist	Revenue	
 $        (39.00)	(CR) Increase	DB5110.4	General Repairs	Contr Expend	 $            38.26 
					
 $     2,346.00 	(DR) Increase	DB4960	Federal Aid-Emergency Dister Assist	Revenue	
 $    (2,346.00)	(CR) Increase	DB5112.4	Permanent Improvements	Contr Expend

The above Budget Modifications utilized Federal Disaster Aid-Emergency Disaster Assistance money that was not included in the 2015 Adopted Budget.
					
Councilman Clark motioned to approve Budget Modification #6 as presented.  Councilman DeCarlo  seconded the motion.  A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, and Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s December 2015 Financial Report.  He was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED. 

COURT CLERK’S DECEMBER 2015 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER REGULAR AND BAIL ACCOUNTS: Councilmen DeCarlo made the motion to approve the December 2015 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker presented his December 2015 report to the Board.  Councilman DeCarlo expressed concern about the deadlines missed for completing the conditions of the Special Use permit granted to Weitsman Scrap yard. He added that only the Town Board can change the deadlines.  Councilman DeCarlo stated he spoke with Attorney Trask who told him the deadlines are set by the Town Board.  CEO Brecker responded that it was his understanding that he was authorized to extend the deadline at his discretion.  Supervisor Pero noted that the Town Attorney had acknowledged that the CEO had extended the deadline at a prior meeting.  Councilman Clark then stated that regardless if the conditions were all met, he will never support it because the business is nothing like what it was when the previous owner ran it.  He added it went from a hub cap, alternator and tire to an industrial scrap recycling facility with tractor trailers and all sorts of operation hours.  Councilman DeCarlo said his biggest problem is that the conditions have not been met and nothing has been done to enforce it.  CEO Brecker responded that it is a very big project and a lot has been accomplished so far, therefore he can’t see shutting them down.  He then added that if the Board doesn’t agree with his decisions, he recommends they consult the ZBA and let them make a ruling.  
Councilman Clark motioned to accept the Code Enforcement Officer’s report as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S NOVEMBER 2015 REPORTS:  Dog Control Officer Barbara Daniel explained that her hard drive crashed and her reports were lost.  The Town I.T. person, David Sink is working to extract the reports with the use of special software.  DCO Daniel already had her November report printed before the crash, therefore was able to present it.  Supervisor Pero motioned to accept her report as read.  Councilman Clark seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT DECEMBER 2015: The December 2015 police report was read by Supervisor Pero.    
Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR DECEMBER 2015: The Town Clerk’s monthly activity report for December 2015 was read by Clerk Daniel.  During her report, the clerk requested the board approve the following Political Calendar as drafted by the Town Clerk:

o	January 5th: Town Board to adopt Referendum Resolution
o	January 14th Post & Publish Notice of the Jan. 27 Board of Registration day
o	January 27th Conduct Voter Registration day at Sr. Comm. Bldg noon to 4 pm
o	January 27th deadline to submit request for Absentee Ballot via mail or Fedex
o	January 28th Post & Publish notice of February 8th Special Election
o	February 6th (Sat. 9 to noon)deadline to request an absentee ballot in person

Following the clerk’s presentation of her report, Supervisor Pero motioned to approve the report as read.  Councilman DeCarlo seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

Councilman DeCarlo then motioned to accept the Town Clerk’s Political Calendar as presented, and was seconded by Councilman Muffoletto.  A roll call vote was taken Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.


PLANNING BOARD REPORT:  Planning Board did not meet in December.  No report presented

ZONING BOARD REPORT:  Zoning Board of appeals did not meet in December.  No report presented.

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT:  Nothing to report

TOWN HISTORIAN REPORT: The Town Historian report was presented by Town Historian Patty Friend.  Councilman Kaczmarek motioned to accept the report as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

FIRE DEPARTMENT REPORTS:  No reports were read.

SENIOR’S REPORT: No report presented

OLD BUSINESS:

RESOLUTION FOR LAKE PROPERTY VOTE:  The following resolution was presented by Supervisor Pero:

RESOLUTION FOR THE PREPARATION OF FEBRUARY 8, 2016 SPECIAL ELECTION 
AS PROVIDED BY SEC. 84 OF TOWN LAW
MOTION: Supervisor Pero moved, seconded by Councilman Kaczmarek to adopt the following resolution:
WHEREAS  on December 8, 2015, following the issuance of a negative declaration pursuant to the provisions of the New York State Environmental Quality Review Act, the Brant Town Board adopted a Bond Resolution which was subject to voter approval at a special town election and the Town Board now seeks to authorize the requirements for such special town election;
THEREFORE, IT IS
RESOLVED that hereafter personal registration of voters shall be required for special town elections for any qualified Town of Brant elector not already registered with the Erie County Board of Elections, provided further, that with respect to the special election to be held on the propositions on February 8, 2016, any such elector of the Town shall be entitled to vote upon any proposition without regard to ownership of property assessed upon the last preceding town assessment roll; and be it further
RESOLVED that a local Board of Registration be convened on January 27, 2016, being a date not more than fifteen nor less than ten days preceding such special town election, at the Senior Community Building, 1000 Brant Farnham Road, Brant, New York between the hours of 12:00 P.M. and 4:00 P.M. , being at least four consecutive hours between twelve o’clock noon and nine o’clock in the evening, for the purpose of preparing a register of voters of the Town qualified to vote in such special election, who shall present themselves personally for registration for such special election, and be it further
RESOLVED that the Town Clerk shall give notice in the Hamburg SUN and in addition in five conspicuous places in the town, specifying January 27, 2016 at the Senior Community Building, 1000 Brant Farnham Road, Brant, New York between the hours of 12:00 P.M. and 4:00 P.M. as the day, place and hours during which the Board of Registration will meet for the purpose of preparing a register of qualified voters of the Town as provided by Section 84 of the Town Law, at least ten days prior to said date, such notice to be in the following form:
NOTICE IS HEREBY GIVEN that the Brant Town Board has called a special town election to be held in said Town on the 8th day of February, 2016 and that there will be submitted to qualified voters of said Town at said election the following proposition:
Shall the resolution adopted by the Town Board on December  8, 2015 entitled:  “ A BOND RESOLUTION, DATED DECEMBER 8, 2015, OF THE TOWN BOARD OF THE TOWN OF BRANT, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF LAND FOR USE BY THE TOWN (AND THE PREPARATION OF A CONCEPTUAL PLAN FOR THE FUTURE USE THEREOF), AT AN ESTIMATED MAXIMUM COST OF $650,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $650,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR,” be approved?
NOTICE IS FURTHER GIVEN that the election will be held at the Senior Community Building, 1000 Brant Farnham Road, Brant, New York between the hours of 8:00 a.m. and 8:00 p.m., and the vote upon such proposition will be taken by ballot in the manner prescribed by law.
NOTICE IS FURTHER GIVEN that no person shall be entitled to vote at said election unless he or she is an elector of said Town of Brant as shown on the list of qualified voters provided by the Erie County Board of Elections or as shown on the register of qualified voters prepared by the local Board of Registration during the local Registration Day to be held on the 27th day of January, 2016 at the Senior Community Building, 1000 Brant Farnham Road, Brant, New York between the hours of 12:00 P.M. and 4:00 P.M. on such date.  , and be it further
RESOLVED that Janice Ross and Lynda Ostrowski appointed from the list of certified election inspectors previously designated for general election purposes is hereby designated as constituting the local Board of Registration for such Town special election, and be it further
RESOLVED that the hours of 8:00 o’clock in the forenoon to 8:00 o’clock in the evening on February 8, 2016 at the Senior Community Building, 1000 Brant Farnham Road, Brant, New York is hereby designated as the hours of opening and closing the polls and the place where such special election is to be conducted upon the proposition set forth as follows:
PROPOSITION:
	Shall the resolution adopted by the Town Board on December  8, 2015 entitled:   “ A BOND RESOLUTION, DATED DECEMBER 8, 2015, OF THE TOWN BOARD OF THE TOWN OF BRANT, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF LAND FOR USE BY THE TOWN (AND THE PREPARATION OF A CONCEPTUAL PLAN FOR THE FUTURE USE THEREOF), AT AN ESTIMATED MAXIMUM COST OF $650,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $650,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR,” be approved?
AND BE IT FURTHER RESOLVED that the Town Clerk shall give notice of such special election by publication in the Hamburg SUN, and by posting on the official board maintained by the clerk for such purposes, specifying the time and place where such election will be held, the first publication of which shall be at least ten days prior to February 8, 2016, such Notice to be in substantially the following form:
 
NOTICE OF SPECIAL TOWN ELECTION
(FEBRUARY 8, 2016)
NOTICE IS HEREBY GIVEN that the Brant Town Board has called a special town election to be held in said Town on the 8th day of February, 2016 and that there will be submitted to qualified voters of said Town at said election the following proposition:
Shall the resolution adopted by the Town Board on December  8, 2015 entitled:   “ A BOND RESOLUTION, DATED DECEMBER 8, 2015, OF THE TOWN BOARD OF THE TOWN OF BRANT, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF LAND FOR USE BY THE TOWN (AND THE PREPARATION OF A CONCEPTUAL PLAN FOR THE FUTURE USE THEREOF), AT AN ESTIMATED MAXIMUM COST OF $650,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $650,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR,” be approved?
NOTICE IS FURTHER GIVEN that the election will be held at the Senior Community Building, 1000 Brant Farnham Road, Brant, New York between the hours of 8:00 a.m. and 8:00 p.m., and the vote upon such proposition will be taken by ballot in the manner prescribed by law.
NOTICE IS FURTHER GIVEN that no person shall be entitled to vote at said election unless he or she is an elector of said Town of Brant as shown on the list of qualified voters provided by the Erie County Board of Elections or as shown on the register of qualified voters prepared by the local Board of Registration during the local Registration Day held on the 27th day of January, 2016.  
NOTICE IS FURTHER GIVEN that absentee ballots will be available as provided for in Section 84-a of the Town Law.
 

and be it further
RESOLVED that Janice Ross, Lynda Ostrowski, Pat Granica and Marie Lalka be selected from the list of inspectors previously designated for general election purposes, pursuant to the election law, persons to act as election inspectors for the conduct of such special election, and be it further 
RESOLVED that the attorney for the Town be and he is hereby directed to take whatever steps in his discretion is deemed necessary to validate the expression of the Town Board that any elector of the Town shall be entitled to vote upon any proposition without regard to ownership of property assessed upon the last preceding Town assessment roll.
The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:
AYES:  	Supervisor Leonard K. Pero – Aye
	Councilman Chad Kaczmarek – Aye
	Councilman Donald Clark – Aye
	Councilman Michael Muffoletto - Aye

NOES:

ABSENT:

The foregoing resolution was thereupon declared duly adopted.


NEW BUSINESS:

No new business was presented


REPORTS OF COMMITTEES: No reports


TOWN BOARD REPORTS:
	COUNCILMAN KACZMAREK:   Nothing to report.

COUNCILMAN CLARK: Councilman Clark read his letter regarding his feelings about the prospect of purchasing the lake property.  He asked the letter to become part of these minutes:



Dear Brant and Farnham Residents
Lotus Abode Beach Purchase

Fellow Residents, I would like to thank everyone for their valuable input and recommendations regarding the proposed purchase of the Lotus Abode Beach property. This opportunity has generated a great deal of healthy conversation about the direction of our community. I would like to take a minute of your time to explain and review this opportunity as I understand it. The town was approached by the land owner for the potential purchase of this property; the board was not actively searching for property with lake access to purchase. The negotiation was based on what the board believed to be a fair price for 47 acres which included a sandy beach. The options of finance were discussed internally and publically in great detail and with great concern to the financial stability of our budget. The option that seems to fit our budget is a long term serial bond, approximately 20 years; this will also give the town the ability to renegotiate terms though out the life of the loan. We have also included funds to engage an engineering firm to develop a site and business plan for the property in controlled affordable phases. The suggestion has been purposed to establish a steering committee of residents which would represent the effected communities to work with the engineering firm. This process should be professional and transparent.
What I do not know, is what will happen to this property if the town decides not to purchase it, nobody can predict the future. The open access to beach property is becoming rare and this will most likely be the last chance for the residents of Town of Brant to own a parcel. I would encourage residents to inquire about an opportunity to view the property in person prior to the referendum vote on February 8th. There are also photographs of the parcel available. This is an opportunity to provide a park including a beach for the future generations of Brant residents.
If you have any questions about the costs, financing, impact, accessibility and scope of this opportunity please contact me or any board member. There are also two (2) Town Board meetings prior to the vote that you can attend to ask questions.
Please be informed and participate in this important opportunity. 

Thank you 
Don Clark
Councilman 


	COUNCILMAN DeCARLO: Nothing to report.

	COUNCILMAN MUFFOLETTO: Nothing to report.

SUPERVISOR PERO: The Supervisor explained his estimate of the annual cost to finance the purchase 
of the lake property if it was financed over 20 years.  His estimate was based $650,000 divided by the
 1484 parcels in Brant.  His estimate was $21.99 a year per parcel over $20.00

SUPERVISOR PERO:  Presented the Grant Writer’s report of Grants for 2015.  He then announced that the Town of Brant was chosen to receive a grant for the ADA improvements to the Senior Community Bldg.  The grant was awarded as part of the 2016 Community Development Block Grant.  The Town will now have automatic door opener installed to assist the elderly and infirm enter the building.

RECOGNIZED PRIVILEGE OF THE FLOOR:  
Lee Brunelli of Brant Farnham Rd: Asked if it is legal for residents to plow their driveways and leave snow in the road to cause a hazard to drivers.  He was advised to call the police to report such hazards.  Chief Hepkins stated it is illegal to leave snow in the roads.

Tim Marien of Brant Farnham Rd: Questioned  why the Highway doesn’t have to report his fuel usage like the police do every month.  Said he questioned the 193 gallons used under the reason as “rent”.  He then stated that he uses the Town truck to go to meetings so why is he able to be reimbursed with gas.  Wants to know why the Superintendant’s private backhoe is being stored in the Town’s lean to.  He then asked if the Town’s drug and alcohol policy was enforced today when The Highway Superintendant went in the ditch across from Pero driveway, and if Giambrone was plowing the Supervisor’s driveway.  Pero stated that he knew nothing of anyone plowing his driveway.  Superintendant Giambrone responded that Billy Wesp plowed the driveway.

Kirk Ritz of Mileblock Rd: Stated the Code Officer has no right to waive the conditions of the Special Use Permit.  He added that it is the Code Officer’s duty to advise someone with a Special Use permit when they are not complying with conditions.  He orders the conditions to be met, and then returns later to confirm they were met.  If they are not met, then the Code Officer issues a summons.  When it appears in court, it is then the Judge’s decision to choose to give the defendant more time to rectify the problem.

Frank Broughton of Brant North Collins Rd: Asked the Town Clerk to look into getting access to the public notices in the Hamburg Sun since it is the Town’s legal paper.  The Town Clerk will look into being able to get the Hamburg Sun to allow Brant residents access to the Legal Notices online with an access code.  Supervisor Pero stated that the Towns must use a paid subscription to post legal notices.  It is illegal to use a free publication to post Legal Notices. 

Debra Ritz of Mileblock Rd: Expressed concern that the Board of registration day (scheduled for Jan. 27) may not be enough time to allow 25 days to lapse between when they register and when they can vote, as required by the Board of Elections.  Town Clerk Daniel explained the timeline prescribed by Town law for the board of registration, which is to be held not more than 15 days prior to the election and not less than 10 days before the election.

Debra then expressed her disapproval of the way the December 29th meeting was posted stating it appeared underhanded and deliberately withheld from the public.  She asked if it was published in the paper.  And wants meetings posted in more places than the Town Hall and Brant and Farnham Post offices.  The clerk explained that she followed the law to the best of her ability given the short notice she received.  She explained that she is following the same practice that has been followed for years.  The clerk stated that this notice was published in the Town Hall in three places, and in the Brant and Farnham Post Offices, and the media (Hamburg SUN) was notified.  Debra stated that the way it was posted seemed to have been done underhanded.  The clerk stated that she received notification of the meeting on December 23rd [clerk’s note: the next publication of the SUN was on December 24th which would have required the notice to be received by the SUN no later than December 17th] and therefore she had no time to place an official legal notice in the SUN.  She did verify with the Town Attorney and followed the law and she apologized saying if anyone has a problem with that, they need to contact the people who make these laws.  
David Pero: Asked the Board if they are going to do anything about the driving problem with the Highway Superintendant.  He noted that he crashed his own truck two times.  Now he is going in the ditch with the Town truck.  He advises the Board to look into the problem.

Supervisor Pero motioned to close the public session and was seconded by Councilman Clark.  5 ayes, 0 nays.  MOTION CARRIED.

CORRESPONDENCE: 

Supervisor Pero received the following correspondence:

•	Supervisor Pero read a letter of Resignation Officer Sam DePasquale.  Supervisor Pero motioned to regretfully accept the resignation and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.
•	Sales Tax payment for December 29th is 1% greater than 2015 corresponding payment.  The YTD amount is .01% above 2015.
•	Supervisor Pero read a letter from Ed Dinkuhn requesting to be appointed as clerk to the Brant Code Enforcement Officer.  Supervisor Pero made the motion to approve the paid appointment at $9.00 per hour, and was seconded by Councilman Muffoletto.  A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.
•	Supervisor Pero read the Sales Tax Distribution resolution adopted on November 17, 2015 by the Village of Farnham.  
•	Letter from the Office of the Clerk of the Legislator of the County dated December 17, 2015 wherein Brant and Evans were mentioned as Ag District #9 pursuant to Ag & Markets law on June 21, 1976.  The resolution notes therefore that since the Ag districts must be recertified every eight years, the next time Brant will be recertified will be on June 21, 2016.  The resolution also noted that the 15 districts were consolidated into 4 districts in 2012 to improve efficiency.  The resolution lists information that allows those in these districts to contact their county legislator about changes they may feel as necessary.  [Clerk’s note: those interested in this resolution are asked to contact Supervisor Pero’s office].
•	Supervisor Pero read an email from resident Penny Barefoot who expressed her regret that she would be unable to attend the meeting tonight.

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Supervisor Pero read the following Abstracts:

Abstract 13 of 2015
*Prepaid and unpaid as of 1/5/16

Gen Fund Town wide Vouchers Totaling: $75,425.32
Gen Fund – Part Town Voucher Totaling: $15,121.49
Highway T.W. Vouchers Totaling: $12,989.01
Highway P.T. Vouchers, Totaling:  $7,740.00
Fire Protection:  Vouchers:  Totaling: $128,790.00
Street Lighting:  Voucher Totaling:  $2,859.93
CD Capital Projects:  Vouchers none, Totaling:  $28,300.00
Lotus Bay Sewer Dist. 1:  Vouchers:  $
Brant Farnham Sewer Dist:  Vouchers:  none, Totaling:  $
Brant Water Dist 1:  Voucher:  none – Totaling $
Special Grant Fund:  unpd:  None, Totaling: $

PAYROLL:

General Town Wide Payroll 11/29/15 TO 12/26/15 – Totaling $39,928.63
General Part Town Payroll   11/29/15 TO 12/26/15 Totaling:  $633.30
Highway Payroll TW 11/29/15 TO 12/26/15 Totaling:  $6,491.92
Highway Payroll PT 11/29/15 TO 12/26/15 Totaling:  $0

Councilman Clark motioned to approve payment of Abstract 13 of 2015, and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.   5 ayes, 0 nays.  MOTION CARRIED.


ABSTRACT 1 OF 2016
Prepaid and unpaid as of 1/5/16

General fund Townwide: $12,106.89
General Fund Part Town $250.00
Highway Townwide: $2,514.16

Councilman Kaczmarek motioned to approve payment of Abstract 1 of 2016, and was seconded by Councilman Muffoletto.  A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.   5 ayes, 0 nays.  MOTION CARRIED.

Next Board meeting will be held February 9, 2015 at 7:00 PM.  

At 8:55 PM, Councilman Kaczmarek motioned to adjourn to enter executive session noting that no action will be taken after the session.   The executive session was called to discuss a personnel matter.  Councilman Clark seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.

At 9:17 PM, Councilman Kaczmarek motioned to close the executive session and was seconded by Councilman Muffoletto.  5 ayes, 0 nays.   MOTION CARRIED.

Supervisor Pero then motioned to adjourn the meeting, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MEETING ADJOURNED.  


Respectfully submitted by,

Barbara Daniel
Brant Town Clerk