This Regular Meeting of the Brant Town Board was held on Tuesday, September 13, 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
Chad Kaczmarek Councilman
Michael Muffoletto Councilma
William Trask, Sr. Town Attorney
Barbara J. Daniel Town Clerk, Recording Secretary
ALSO PRESENT & LEGIBLY SIGNED IN WERE:
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)
Janet Bowman (Assessor’s clerk)
Patty Friend (Historian)
The meeting opened at 7:30 PM with the pledge of allegiance.
Prior to the beginning of the Meeting, Supervisor Pero announced that a special proclamation was to be present to one the Town Residents. Supervisor Pero read the following proclamation:
PROCLAMATION FOR ACHIEVEMENT
Resident of the Town of Brant
WHEREAS, The Brant Town Board recognizes a special resident of our town, that of Mr. Ellsworth
Nolan, who through his actions, courage, heroic skills & selfless determination saved the life of a
drowning child, and
WHEREAS, Ellsworth Nolan, has given his exemplary service to our community throughout his time
as a Village of Farnham Volunteer Firefighter, Chief and Superintendent of the DPW, and
WHEREAS, The New York State Assembly has recognize him with a certificate of Merit as a 2016 Fire
Fighter of the Year for his heroic actions, and
WHEREAS, The Southwestern Association of Volunteer Firemen presented Ellsworth with the 2016
Firefighter of the Year award for his “Saving a Drowning Child”
WHEREAS, Ellsworth Nolan through his life saving action has brought about a great honor not only
upon himself but for our entire community, and
WHEREAS, the citizens of the Town of Brant & the Village of Farnham do recognize your leadership,
loyalty, & dedicated service and love for our town, and
Furthermore, The Town Board and residents of the Town of Brant will applaud you for all of your
achievements and Forever Thank You for all of your devoted years of service that you have unselfishly
given to honor your community, and
THEREFORE, SO BE IT PROCLAIMED, By order of the Brant Town Board
That Wednesday September 14, 2016 will be recognized in the Town of Brant as:
Ellsworth Nolan Day.
All Town residents will honor this day for your dedication to our community!
Leonard K. Pero
Motion made by Supervisor Leonard K. Pero to adopt the above resolution, and was seconded by all board members. 4 ayes, 0 nays. MOTION CARRIED.
MINUTE APPROVAL AUGUST 9th REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes the August 9th 2016 meeting. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATIONS: Supervisor Pero read from his Budget modification per the Town Accountant.
Leonard Pero, Supervisor, Town of Brant
Richard A. Gryksa MBA, Town Accountant
Recommended Budget Modification #5 as of Month End:
July 31, 2016
Please make a resolution at the regular Town Board meeting on September 13th 2016 to approve the
following Budget Modifications to the 2016 Adopted Budget for the following Funds:
General Fund - Townwide (A)
To correct Budget Mod # 4, increase Town Clerk contractual expenses
To reverse Bud Mods #1, 2 and 3
Central Data Processing(LAN System)
Central Data Processing-Payroll
Police (Officers & Guards)
Police (Court Bailiff)
Statutory Installment Bonds-Principal
Installment Purchase Debt-Principal
To correct the original 2016 Budget
General Fund - Part Town (B)
Refuse & Garbage
Refuse & Garbage
Zoning Board of Appeals
Highway Part Town (DB)
The amount over budget cannot be resolved at this time.
Capital projects fund (H)
Equip & Cap Out
The amount over budget resulted from a write off of uncollectable funds due from the NYS Office of Parks,
Recreation & Historic Preservation Grant.
Councilman Clark motioned to approve the budget mod #5 as presented 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.
TOWN CLERK’S FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s July 2016 Regular Financial Report, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S JULY 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 Kaczmarek seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
The Code officer then gave his August report. He spoke of the abandoned homes in Brant that present hazards to nearby residents. Supervisor Pero asked the Code Officer to make him a list of these properties and he will present them to the County for a new program they are running to take care of these “Zombie Properties”.
Joyce Ellis then asked why no trees have been planted around the Weitsman facility as promised in the past. She stated that it was clearly stated in the Town Board minutes that it was promised by Weitsman but it has not been done yet. Councilman Muffoletto replied that they will be planting “green giants” which are hardy and fast growing tree that grow 4 feet a year. She then complained about the noise and wants to know who she calls about the noise. CEO Brecker responded that he worries about noise when it is after certain hours.
Councilman Clark motioned to accept the Code Officer’s report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S AUGUST 2016 REPORT: The August Dog Control officer’s report was presented by the DCO. The report also contained an offer from a town resident to allow the Town to purchase a commercial grade kennel run for $500.00. No action was taken. The DCO reminds the public of upcoming free rabies clinics set for September 14 at EEC North Campus, and Sept 20 in Springville at 405 W Main Street, both from 4 pm to 7 pm. Councilman DeCarlo motioned to approve the report as read, and was seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT AUGUST 2016: The August 2016 police report was read by Police Chief Donald Hepkins. He noted the contract for the plate reader was signed. The reader links to Erie County who will be solely responsible for updates and to clear data. The total price of the unit was $23,310 but we received $4,125 in discounts leaving a balance of $19,185 which will be absorbed by the $20,280 grant. Councilman Clark commended the police department for their thorough investigation into the break-ins which were occurring on Milestrip Road in outdoor buildings and garages recently. Councilman DeCarlo motioned to approve the report as read and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR AUGUST 2016: The Town Clerk’s monthly activity report for July was read by Clerk Daniel. Councilman DeCarlo motioned approve the report as presented, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Board secretary Lynda Ostrowski read the Planning Board report and presented the Town Board with the recommendations and a proposed law to cover Commercial installation of Solar Panels. Supervisor Pero motioned to accept the report as presented and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
Councilman Clark motioned to table the Planning Board’s proposed local law governing Commercial Installation of Solar panels until the October meeting. Councilman Muffoletto seconded the motion to table, which will allow Attorney Trask to review what the Planning Board drafted. 5 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: No Zoning Board meeting was held
RECREATION DIRECTOR’S REPORT: Supervisor Pero noted that he will have final figures for the total cost of the Recreation program and pool in October. He noted that an extra week was added to the pool and this will affect the .1 portion of the pool budget a bit.
PARKS COMMISSIONER’S REPORT: Parks Commissioner was Allen Nolan stated that all went well with the closing of rec and pool. As for the CDBG ADA improvement project, the only remaining portion of the job is to install the ceiling on the overhang.
TOWN HISTORIAN REPORT: The Town Historian report for the August 17th meeting was presented by Historian Patty Friend. She noted two corrections from previous minutes. One correction noted was the donated card table which was from 1942, not the 1950’s. Also the advertiser should have been Pero Steakhouse, not Pero Farms. She acknowledged multiple donors of historical items. The historian spoke of the Historical Society’s involvement in the recent Farnham Community Days event. September 20th was noted as the next meeting date, and all are welcome to attend. Supervisor Pero motioned to accept the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: Councilman Clark stated that 2 fires occurred in Brant.
SENIOR’S REPORT: The Senior’s meeting report was presented by Secretary Lynda Ostrowski. Councilman Clark motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
HAND SCAN FOR HIGHWAY GARAGE: Supervisor Pero noted the new hand scanner will be installed on Tuesday the 20th.
UPDATE ON SPEED REDUCTION REQUEST FOR MILESTRIP ROAD: Supervisor Pero reminded the Board that he is awaiting word on the Speed reduction request.
COTS PURCHASED FOR EMERGENCY USE: Supervisor Pero noted that two cots were purchased to have in the Town Hall in the event of a weather emergency.
PUBLIC NOTICE OF AG DISTRICT ENROLLEMENT: Supervisor Pero read the Legal notice regarding the 30 day window wherein residents who would like to enroll their predominantly viable agricultural property into the Ag District, as permitted by Ag & Markets 303B. The forms are available in the Town Clerk’s Office. The 30 day window will close on September 30th.
COURT JUSTICE AUDIT: Supervisor Pero noted that the annual audit of the Justice Courts is due per Section 2019-a. Supervisor Pero requested approval to appoint Joseph Ostrowski to conduct the audit. Councilman Muffoletto seconded the motion. 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.
JUSTICE COURT ASSISTANCE GRANT APPLICATION: Supervisor Pero read the following resolution:
At a regular meeting of the Town Board of the Town of Brant, Erie County, New York, held at the Brant Town Hall, Brant-North Collins Road, Brant, New York 14027 on the 13th day of September, 2016 at 8:30 PM, there were present:
Supervisor Leonard Pero
Councilman Chad Kaczmarek
Councilman Donald Clark
Councilman Mark DeCarlo
Councilman Michael Muffoletto
The following resolution was offered by Councilman Kaczmarek of the Town of Brant, who moved for its adoption:
WHEREAS: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts;
WHEREAS: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 13, 2016 deadline;
BE IT RESOLVED: That the Town Board of Brant does hereby authorize the Supervisor to prepare, sign and submit a grant application entitled:
NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract.
The resolution 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. RESOLUTION ADOPTED.
CDBG PUBLIC HEARING NOTICE: Supervisor Pero motioned to set the Public Hearing for the upcoming CDBG grant suggestions for Tuesday October 11, 2016 at 8:00 PM. The application must be submitted to the Grant writer by October 17. The Town will present 3 suggestions, one of them being funding to Rural Transit. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye. 5 ayes, 0 nays.
REPORTS OF COMMITTEES: No reports presented.
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Working on the sign for the park. The prices range from $5,000 to
COUNCILMAN CLARK: Nothing to report
COUNCILMAN DeCarlo: Nothing to report.
COUNCILMAN MUFFOLETTO: Nothing to report
RECOGNIZED PRIVILEGE OF THE FLOOR:
Frank Broughton thanked Ellsworth Nolan for saving the child’s life from the drowning incident, mentioning that his own child drowned and has been unable to talk since drowning.
Joyce Ellis reminded the Board that Joe Wittenzellner would like a copy of the Weitsman Special Use permit with conditions.
Discussion began regarding the Town’s use of Dunkirk Observer. Attorney Trask advised the Board to formally designate the use of the Dunkirk Observer as their Legal Paper for public notices. Supervisor Pero motioned to approve the use of the Dunkirk Observer as one of the Town’s Legal Publications, which will over-ride the one designated in the Organizational meeting. Councilman Muffoletto seconded the motion. 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.
Patty Friend, Town Historian asked if she could take a picture of the Town Board to be part of an article she is submitting to the Pennysaver.
No further discussion.
Supervisor Pero read the following Abstract 9:
Abstract 9 of 2016
*Prepaid and unpaid as of 9/13/16 Total Claims $53,324.61
Gen Fund Town wide Vouchers Totaling: $29,717.09
Gen Fund – Part Town Voucher Totaling: $15,557.56
Highway T.W. Vouchers Totaling: $3,979.81
Highway P.T. Vouchers, Totaling: $715.55
Fire Protection: Vouchers: Totaling: (SF)$
Street Lighting: Voucher Totaling: $2,186.57
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: $1,098.63
PAYROLL (2 payrolls):
General Town Wide Payroll 08/07/16 TO 09/02/16 – Totaling $54,312.46
General Part Town Payroll 08/07/16 TO 09/02/16 Totaling: $645.90
Highway Payroll 08/07/16 TO 09/02/16 Totaling: $0
Highway Payroll PT 08/07/16 TO 09/02/16 Totaling: $6,700.04
Councilman DeCarlo motioned to approve Abstract 9, seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
MOTION TO APPROVE 2 VOUCHERS AS PRE-PAYS ON ABSTRACT 10: Two vouchers arrived after the Abstract 9 was completed. Supervisor Pero asks the Board to approve them to be paid with the prepays on Abstract 10. They are as follows:
· David Sink $300.00 (performing upgrades to Windows 10 & repairing any resulting tech problems with the upgrades such as printers, etc.
· Lakeshore Central School $3,241.20 (Recreation school bus mileage)
Councilman Clark motioned to approve the two Vouchers for prepayment with Abstract 10, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
NEXT TOWN BOARD MTG OCTOBER 11, 2016 AT 7:00 PM (7:30 pm June thru Sept)
At 9:06 PM Supervisor Pero motioned to adjourn the meeting in memory of Craig Smith who recently passed away, and hold a moment of silence. He was seconded by the Board. 5 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Brant Town Clerk