This Regular Meeting of the Brant Town Board was held on Tuesday, August 9, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.

Leonard Pero Supervisor

Mark DeCarlo Councilman

Donald Clark Councilman

Michael Muffoletto Councilman

Trask, Sr. Town Attorney

Barbara J. Daniel Town Clerk, Recording Secretary


Absent Chad Kaczmarek, Councilman



Frank Broughton, Zoning Board chairman

Janice Ross , Planning Board member & Highway clerk

Lynda Ostrowski , Secretary to the Boards

Joseph Ostrowski , Planning Board chairman

Don Hepkins (Police Chief)

James George

Debra Ritz

Brian Rott

Janet Bowman (Assessor’s clerk)

Ron Kobel

Patty Friend (Historian)

Laura Berloth

Joyce Ellis

Pat McNerny

Gregory Harts

Jeff Gince

Ron Friend



The meeting opened at 7:30 PM with the pledge of allegiance.


MINUTE APPROVAL JULY 12th REGULAR TOWN BOARD MEETING: Councilman DeCarlo motioned to accept the minutes the July 12th 2016 meeting. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman DeCarlo moved and was seconded by Councilman Muffoletto to accept the Supervisor’s June 2016 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MODIFICATIONS: Supervisor Pero read from his Budget modification per the Town Accountant.


Leonard Pero, Supervisor, Town of Brant


August 2, 2016



Richard A. Gryksa MBA, Town Accountant



Recommended Budget Modification #4 as of Month End:

June 30, 2016


Please make a resolution at the regular Town Board meeting on August 9th 2016 to approve the


following Budget Modifications to the 2016 Adopted Budget for the following Funds:



Dec From/

Fund Account



(Inc) To




Over Budget

General Fund - Townwide (A)

$ 1,366.00

(DR) Decrease



Contr Expend


$ (1,366.00)

(CR) Increase


Unallocated Insurance

Contr Expend

$ 1,365.27


$ 788.00

(DR) Decrease


Police Officers

Pers Serv


$ (788.00)

(CR) Increase


Police-Court Bailif

Pers Serv

$ 787.48


$ 348.00

(DR) Decrease


Contingent Account

Contr Expend


$ (348.00)

(CR) Increase


Installment Purchase Debt-Principal

Equip & Cap Out

$ 347.67



General Fund - Part Town (B)

$ 52.00

(DR) Decrease


Refuse & Garbage

Contr Expend


$ (52.00)

(CR) Increase



Contr Expend

$ 51.71


$ 100.00

(DR) Decrease


Refuse & Garbage

Contr Expend


$ (100.00)

(CR) Increase


Zoning Board of Appeals

Pers Serv

$ 100.00


Special Grant Fund (CD)

$ 18,750.00

(DR) Increase


Federal Aid - CDBG



$ 6,250.00

(DR) Increase


Interfund Transfer



$ 25,000.00


$ 25,000.00

(CR) Increase


Community Building

Equip & Cap Out


To record the Community Development Program Grant for ADA improvements to the Community Building


Councilman Clark asked why money was taken from Clerk for insurance. Supervisor Pero replied that money was needed in unallocated insurance, and the clerk had a surplus.


Councilman Clark motioned to approve the budget mod as presented and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.


TOWN CLERK’S FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s June 2016 Regular Financial Report, seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.


COURT CLERK’S JUNE 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman DeCarlo made the motion to approve both the bail and regular financial reports of both justices. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.


CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker presented his report for June and July.

Councilman DeCarlo motioned to accept both reports as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.


SPECIAL USE PERMIT RENEWAL WINDMILL – TIM CLARK: The Public hearing for the renewal of all special use permits was held at a previous meeting. It was unclear at that time if this permit requires renewal. The decision was tabled until further review could be done. Attorney Trask clarified that the Permit did require renewal. Code Officer Brecker requested the Board approve the renewal, and also noted the renewal fee had been paid. Supervisor Pero motioned to approve the special use permit, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Clark-abstain, Councilman Muffoletto-aye. 3 ayes, 1 abstain. MOTION CARRIED.


NATIONAL FUEL GAS SPECIAL USE PERMIT: Code Enforcement Officer Brecker informed the Board that National Fuel has submitted a application for a temporary special use permit to allow them to set up a 150 ft X 115 ft staging area on Milestrip Road which will allow them to perform repairs on fuel lines in that area. After discussion, it was determined that based on a law passed in 2014, the CEO was authorized to allow temporary storage of utility companies to do such work, without prior Public Hearing.


WEITSMAN UPDATE: Code Officer Gary Brecker noted that on the advice of the Conservation department, he has visited the Weitsman site four times to confirm that they are not using the portion of lot that is not paved. This is the area within the yard, behind the scales which has been seeded for grass. He was also instructed to inspect for signs of air pollution that had been reported. Councilman Muffoletto asked when the landscaping will begin. CEO Brecker stated that now that the wall is final, they will begin work on the landscaping. It was also confirmed that the entire perimeter is now enclosed with chain link on the back side.


PLANNING BOARD REPORT: Board secretary Lynda Ostrowski read the minutes of the August 2nd 2016 Planning Board meeting. It was noted in the minutes that the Planning Board recommended the issuance of the temporary Special Use permit based on conditions being met, as noted in the minutes.


DOG CONTROL OFFICER’S JUNE & JULY 2016 REPORT: The June Dog Control officer’s report which had been tabled at the last Town Board meeting was presented along with the July report. The DCO reminds the public of upcoming free rabies clinics set for September 14 at EEC North Campus, Sept 20 in Springville at 405 W Main Street, both from 4 pm to 7 pm. Councilman DeCarlo motioned to approve the reports as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.



POLICE REPORT JULY 2016: The July 2016 police report was read by Police Chief Donald Hepkins. He noted the police department received its new computer with the final cost being $505.99. The chief thanked Allen Nolan for repairing the A/C in the courtroom. He thanked Patty Friend for the nice article she wrote about what the Police Department did at Brantfest. Supervisor Pero acknowledged a compliment received on Facebook with regards to Officer Dalton who took the time to speak with some children at the Park, and gave one child a toy police car. Supervisor Pero motioned to approve the report as read and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.


RESIGNATION LETTER FROM OFFICER SAMUEL BLASZ: Supervisor Pero read a resignation letter from

Officer Samuel Blasz (badge #240) who took full time employment with the Hamburg Police

Department. His last working date was July 28, 2016. Supervisor Pero motioned to accept the

resignation with regret, and was seconded by Councilman Muffoletto. A roll call vote was taken:

Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4

ayes, 0 nays. MOTION CARRIED.


APPOINTMENT OF PART TIME PATROLMAN CHAD C. WANDERLICH: Supervisor Pero read a letter from Chief Donald Hepkins requesting the appointment of Chard C. Wanderlich as Part-time patrolman, effective August 9, 2016. The patrolman will remain on a six month probation with a starting pay of $15.25 per hour and will receive an increase to $15.50 at the end of his probationary period. Supervisor Pero motioned to approve the appointment and was seconded by Councilman Muffoletto. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED


TOWN CLERK MONTHLY ACTIVITY REPORT FOR JULY 2016: The Town Clerk’s monthly activity report for July was read by Clerk Daniel. Councilman Clark motioned approve the report as presented, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.


PLANNING BOARD REPORT: Board secretary Lynda Ostrowski re-read the August 2nd Planning Board report discussed earlier in the meeting. Supervisor Pero motioned to accept the report as presented and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.


ZONING BOARD REPORT: No Zoning Board meeting was held


RECREATION DIRECTOR’S REPORT: It was noted that recreation will end August 12. He commended the work being done by Allen with regards to the pool.

PARKS COMMISSIONER’S REPORT: Parks Commissioner was not present. No report was given.


TOWN HISTORIAN REPORT: The Town Historian report for the July 20th meeting was presented by Historian Patty Friend. The historian wanted to set the record straight with regards to recent advertisers. She noted that Pero Farms was listed and it should have been Pete Pero’s Steak House. The error also listed Church side farms and it should have said Poultry and Eggs. Another correction from the last report was that the ad was from 1950 by it should be 1942. They received a donation from the Brantfest committee of 15 baseballs that say “Flossie Field”. The total number of pictorial cancels was 301 over the course of 30 days. She compared that total to the number of cancels for the Lincoln’s cancellation which totaled 400 at the Buffalo post office over the course of 120 days. The Historian announced that Farnham will be celebrating their 125th anniversary. The next meeting to work on the anniversary will be held at the Farnham Village Hall on August 23rd. All are welcome to attend. The Historical Committee will also have a table at the “Community Days” celebration in Farnham on September 3rd. Supervisor Pero motioned to accept the report as read, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.


FIRE DEPARTMENT REPORTS: No reports were presented.

SENIOR’S REPORT: No report was presented as the meeting had been cancelled for the senior picnic held instead.

AWARD FROM LOOSE THREADS SEWING GROUP: Supervisor Pero announced that a donation was made to the Town to allow the purchase of items to improve the Senior Community Building. The sewing group “Loose Threads” uses the building without charge because their group is open to all Town residents at no cost. Loose Threads welcomes all to attend and participate at no cost to learn to sew quilts. The group wished to thank the Town for use of the building by creating a quilt which was raffled off at the Brantfest, with proceeds going to the Senior Community Building. The group requested the Town use the funds to purchase two heavy tables for the building, and any other items needed to improve the building. The winner of the quilt was Esther Horton from North Collins. The raffle earned $847.00.



2016 BRANT SUMMERFEST FINANCIAL RESULTS: Supervisor Pero presented the Board with his final tally on the 2016 Brantfest expenses. His report showed a $4,040.33 loss. Councilman DeCarlo corrected the amount listed as missing the cash offset for the prizes awarded. The total of $1,067 which was issued as prizes was paid for with the cash raised from the sale of 50/50 tickets. A final report will be presented by the Brant Fest committee at the September meeting.

UPDATE ON SPEED REDUCTION REQUEST FOR MILESTRIP ROAD: Supervisor Pero advised the Board that the resolution requesting a reduction in the speed on Milestrip Road was sent to Legislator Mills office who noted in an email that the DOT must first conduct a study to determine if a speed reduction is warranted. They will address the Town after the study it complete.


SOLAR PANEL MORATORIUM: Supervisor Pero reminded the Board that the Moratorium on Commercial Solar Panels expires on December 14, 2016. He noted that he attended a recent meeting where Solar Panels were discussed and he had some literature in case anyone wants to read it.




PURCHASE OF NEW HAND SCANNER FOR HIGHWAY GARAGE: Supervisor Pero discussed a response he received from the Computer Search, the company who services the employee time clock scanner. They advised that the old scanner was corroded and is unable to be repaired. The option the Town now has is to buy a new one. The one which was removed was a modem clock and is outdated. The other option is the clock that works via the Ethernet. There are two prices. The old modem version is $2,331.00 installed. The Ethernet version is $2,540.00 installed. Discussion began on the amount of money that has been spent on this endeavor to have an accurate way to document hours worked, and how it has not been implemented. Different options were discussed. Supervisor Pero stated that he wants all employees to follow and obey the hand scan login and anyone who does not scan their hand when signing in, will not get paid. After further discussion Supervisor Pero added that to have it installed with the dust cover in the highway office, the cost will be $3,000.00. Councilman Clark motioned to approve the purchase of the Ethernet version of the new hand scanner, with the dust cover protection, and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY CHIPS REPORT: Supervisor Pero acknowledged the report he received from Highway Clerk Janice Ross’s “Pave New York” reimbursement totals $5,757.85 and the “CHIPS” reimbursement totals $25,224.95 which she completed and hand delivered to Buffalo. Payout is expected to occur on September 16, 2016 and the total reimbursement will be $30,982.80. The amount she recouped in 2015 was $49,629.75. The Supervisor commended her efforts.

SUN LEGAL PAPER HAS BEEN DISOLVED: Supervisor Pero acknowledged the closing of the Hamburg SUN newspaper which has been the Town’s legal paper for all its legal notices. Attorney Trask stated that the Town of Eden has now named “The Buffalo Law Journal” as it new legal publication. They are a subsidiary of the Buffalo Business Journal. Attorney Trask will get information for the Town Board. Supervisor Pero noted that the Town has always named the Dunkirk Observer and Buffalo news as a backup publication to the SUN. At this time, the Board added the Buffalo Law Journal to the Town’s list of approved publications for its legal notices. Supervisor Pero motioned to approve the addition of the Buffalo Law Journal, and was seconded by Councilman Muffoletto. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.


REMINDER TO PUBLIC ABOUT THE YELLOW DOT PROGRAM: Supervisor Pero read the following resolution:




WHEREAS, the New York State’s Sheriff’s Association Yellow Dot Program designed to help first responders provide life-saving medical attention during the “golden hour” after a crash or emergency event; and


WHEREAS, a Yellow Dot decal adhered to the driver’s side rear window of a vehicle will alert first responders that vital medical information for the driver and or passenger is stored in the vehicle’s glove compartment; and


WHEREAS, the Yellow Dot Program can be also utilized at a residence by placing the decal on an entry door(s) of a dwelling as to alert first responders that important medical information for one or more of the residents, within the dwelling, can be located in a clear plastic bag in the freezer compartment of the refrigerator; and


WHEREAS , Erie County Sheriff Timothy B. Howard and the sheriff’s office has staff and resources dedicated to raising awareness of the Yellow Dot Program in the towns, villages and communities throughout Erie County; and


WHEREAS, the Sheriff’s Office has encountered situations where a Yellow Dot decal has been helpful to first responders at the scene of an incident and contributed to the fast and proper triage of a victim;




RESOLVED, the Town of Brant does hereby recognize the life-saving potential of the Yellow Dot Program; and be it further


RESOLVED, that this Honorable Body declares the Town of Brant as a Yellow Dot community and encourages all citizens to sig –up for and participate in the life-saving program, Yellow Dot Program.


Supervisor Pero motioned to adopt the Yellow Dot Program resolution as read, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.


A letter will be sent to surrounding area first responders to remind them of the yellow dot program. The yellow dot pamphlets and stickers are available in the Town Clerk’s office.


REPORTS OF COMMITTEES: No reports presented.







COUNCILMAN CLARK: Nothing to report



COUNCILMAN DeCARLO: Nothing to report.


COUNCILMAN MUFFOLETTO: This year’s concerts had really good turnouts.




  • Spoke with Erie County NEST Board about the Governor’s program for Electronic waste. There is an opportunity for a 50% grant available for a One Stop Drop.
  • Reminder that Pool closes August 28th & Recreation ends August 12
  • Reminder visiting Nurses are coming on October 24th from 10 am to 2 pm at community bldg for flu shots
  • Reminder that the Bookmobile comes every 1st and 3rd Fridays from 5 pm to 8 pm.
  • Supervisor Pero attended 6 meetings in July


Supervisor Pero noted an email from Bookmobile requesting procedure and shelter available in the event of a storm during Bookmobile visit. Town Clerk requested the purchase cots to be available in the event shelter is needed during a storm. Walmarts price for cots is $59.00 each. Supervisor Pero motioned to approve the purchase of four cots at $59.00 each. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.




Board Secretary Lynda Ostrowski advised those present about the upcoming Farnham Community Days to be held on Saturday, September 3rd at the Farnham Playground and Veteran’s Park located at 445 Commercial Street in Farnham. It will begin at noon with music from 1 to 4 pm by “Second Time Around”. A village wide garage sale will be held from 9 am to 1 pm. There will be crafts, food and a beer tent. There will be a 50/50 raffle and pull tabs available. It is sponsored by the Farnham Volunteer Fire Department.

Joyce Ellis of Brant Farnham Rd thanked Councilmen Clark & Muffoletto for taking care of the spotlight problem she had with Weitsman. She requests a copy of the Special Use Permit. She noted that she read the conditions in the minutes but did not see any mention of the trees that were promised.

Police Chief Hepkins addressed an issue of vandalism that was occurring at the Brant Post Office. They theorize that children who were waiting for summer school buses were entering the post office and putting together the Post Office boxes that are normally used for shipping packages via USPS. They were also sticking shipping labels on the walls inside the Post Office. The boxes and labels have since been moved into the locked area of the Post Office and it has now stopped.

Chief Hepkins also stated the Brant Police Department is in support of the speed reduction request for Milestrip Rd, and they will participate in the study which will be conducted for the reduction request.

Chief Hepkins then asked the Board to place an ad for the Drug Drop box that is at the Town Hall. He stated that not many people know about the drop box. Supervisor Pero advised the Chief to create an ad for the Pennysaver.

Chief Hepkins then advised the Town Board that he received a contract for the plate reader from Stone Garden (Federal Govt). The contract gives the Town $20,500 towards the plate reader, and $2,300 towards the manpower to help protect the border. The chief will be required to justify that work is being done by the Town in conjunction with border patrol, such as patrolling the water way on a boat to assist with border protection, or patrolling Lake Shore Road to prevent trafficking of contraband. He advised the Board that he is required to sign the contract with the federal government confirming that the Town will pay the difference for the plate reader. Supervisor Pero asked what the difference was. Chief Hepkins replied his last estimate was $23,000 but he was advised to get the maintenance which is approximately $500.00 per year. Supervisor Pero stated that a contract cannot be signed unless the Town is provided with the exact cost. Chief Hepkins responded that he must sign the contract. Attorney Trask replied that only the Supervisor can sign the contract after Board approval. He added that unless the contract is signed by the supervisor, it wouldn’t be legally binding. Chief Hepkins will gather the terms and cost for the Town Board for the next board meeting. He will also forward a copy of the contract from Stone Garden to the Supervisor and Attorney Trask.

Donna Marien of Brant Farnham Rd: Spoke of concern for the hole in the Hammond dead end road stating it’s a liability to the Town. Supervisor Pero replied that the whole has a steel plate over it, and he had one of the Pero semi’s drive over it. He felt as though it is safe. Councilman Muffoletto stated that he will also take a look at it.

No further discussion. Supervisor Pero motioned to close the public session, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.




  • Sales Tax for August is up .87% of the corresponding payment received last year, and .61% below last year’s Year to date




  • None was presented



Supervisor Pero read the following Abstract 8:


Abstract 8 of 2016


*Prepaid and unpaid as of 8/09/16 Total Claims $64,844.11


Gen Fund Town wide Vouchers Totaling: $36,402.11

Gen Fund – Part Town Voucher Totaling: $7,948.91

Highway T.W. Vouchers Totaling: $11,763.97

Highway P.T. Vouchers, Totaling: $1,034.63

Fire Protection: Vouchers: Totaling: (SF)$5,562.00

Street Lighting: Voucher Totaling: $2,042.49

H Capital Projects: Vouchers none, Totaling:

Lotus Bay Sewer Dist. 1: Vouchers: $

Brant Farnham Sewer Dist: Vouchers: none, Totaling: $

SW Brant Water Dist 1: Voucher: none – Totaling $

CD Special Grant Fund: unpd: None, Totaling: $


PAYROLL (3 payrolls):


General Town Wide Payroll 6/26/16 TO 08/06/16 – Totaling $111,999.492

General Part Town Payroll 6/26/16 TO 08/06/16 Totaling: $1,392.18

Highway Payroll TW 6/26/16 TO 08/06/16 Totaling: $0

Highway Payroll PT 6/26/16 TO 08/06/16 Totaling: $10,114.82


Councilman Clark motioned to approve Abstract 8, seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.



NEXT TOWN BOARD MTG SEPTEMBER 13, 2016 AT 7:30 PM (7:30 pm June thru Sept)



At 8:52 PM Councilman DeCarlo motioned to adjourn the meeting, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MEETING ADJOURNED.



Respectfully submitted by,


Barbara Daniel
Brant Town Clerk