This Regular Meeting of the Brant Town Board was held on Tuesday, October 11, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
Leonard Pero Supervisor
Mark DeCarlo Councilman
Donald Clark Councilman
Chad Kaczmarek Councilman
Michael Muffoletto Councilman
William Trask, Sr. Town Attorney
Barbara J. Daniel Town Clerk, Recording Secretary
ALSO PRESENT & LEGIBLY SIGNED IN WERE:
Janice Ross , Planning Board member & Highway clerk
Lynda Ostrowski , Secretary to the Boards
Joseph Ostrowski , Planning Board chairman
Don Hepkins (Police Chief)
Karl Simmeth (Assemblyman DiPietro’s representative)
Janet Bowman (Assessor’s clerk)
Patty Friend (Historian)
The meeting opened at 7:00 PM with the pledge of allegiance.
MINUTE APPROVAL SEPTEMBER 13th REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes the September 13th 2016 meeting. Supervisor Pero 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 Kaczmarek motioned to approve the budget mod #5 for month ending July 31, 2016 as presented and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Muffoletto-temporarily absent, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays, 1 absent. MOTION CARRIED.
TOWN CLERK’S FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s August 2016 Regular Financial Report, seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S AUGUST 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve both the bail and regular financial reports of both justices. Supervisor Pero seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker presented his September report. Discussion followed regarding the use of private homes as a bed & breakfast. Attorney Trask was asked to look into the rental uses for the R-2 zoning district. This topic will be discussed under old business at the November meeting when the Attorney has information. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S SEPTEMBER 2016 REPORT: The September Dog Control officer’s report was presented by the DCO. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT SEPTEMBER 2016: The September 2016 police report was read by Councilman DeCarlo. He then motioned to approve the report as read and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
LETTER OF RESIGNATION RECEIVED FROM OFFICER NICK NESCI: Supervisor Pero read a letter of resignation from Officer Nick Nesci due to other commitments. He would like the option to return if his commitments change. Supervisor Pero motioned to approve the resignation with regret, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR SEPTEMBER 2016: The Town Clerk’s monthly activity report for September was read by Clerk Daniel. The Clerk brought to items that needed addressing:
Supervisor Pero motioned to approve the server change. Councilman DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then motioned to accept the Town Clerk’s 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 for the October 4th meeting. The Planning Board also presented a letter to the Town Board requesting that a moratorium be placed on the dumping of Fracking material within the Town of Brant. It was discussed that the dumping of Fracking material is already unlawful in the State of New York and that to make another law against Fracking with the Town is over-regulating. Supervisor Pero asked Attorney Trask to look into the matter, and the issue will be on next month’s Agenda under old business. Councilman Clark motioned to accept the report as presented and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: No Zoning Board meeting was held
RECREATION DIRECTOR’S REPORT: Nothing to report.
PARKS COMMISSIONER’S REPORT: Parks Commissioner Allen Nolan was not present. No report was given.
TOWN HISTORIAN REPORT: The Town Historian report for the August meeting was presented by Historian Patty Friend. October 19th was noted as the next meeting date, and all are welcome to attend. Councilman Kaczmarek motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: Nothing to report.
SENIOR’S REPORT: The Senior’s meeting report was presented by Secretary Lynda Ostrowski. Supervisor Pero motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then acknowledged Karl Simmeth (Assemblyman DiPietro’s representative) and asked him if he would like to speak. Mr. Simmeth commented the following:
Supervisor Pero then recognized Farnham Mayor Jere Hoisington and asked if he would like to speak. Mayor Hoisington spoke of the Village seeking grants and fund raising to purchase a clock for the park to commemorate the Villages 125th year. The prices are high ($14,900). Karl Simmeth stated that he will look into any funding that may be available, and Supervisor Pero stated that perhaps the Town can contribute something for next year.
CAMERA UPDATE: Supervisor Pero asked for an update on the cameras. Councilman Kaczmarek noted that there were 2 installed on the concession stand. One aimed toward the back, one aiming toward the rec. center. The one on the rec. center is under the overhang. Brian Rott spoke on behalf of DFT. He noted that the cameras are all recording. He mentioned the various locations and then advised the Board to decide who was going to have access. The permission will need to be in writing and sent to the company. Each user will be assigned their own password. The highway camera is the only one online that users can log in to view. The others require the user to physically go to the unit to retrieve the footage. DFT is going to be adding a monitor and am arm at their expense so that users can go to the unit and log in to view the footage without having to carry a monitor with them.
Councilman Kaczmarek then advised the Board that the playground and driveway are not covered right now. He suggested the Board purchase one more camera to cover that zone so the park is completely monitored. The price for another camera is $600.00. The camera which provides a 90 degree view can be mounted on the rec. building and angled to view part of the pool, the playground, driveway and announcement booth. Councilman DeCarlo asked why they are unable to access the other cameras online. Councilman Kaczmarek responded that there is no internet. It was determined that the cable line ends at the pole outside the rec. building. Councilman Muffoletto will check with the Cable company to see what it would take to bring internet to the cameras.
At this time, Councilman Kaczmarek motioned to approve the purchase of another camera in the amount of $600.00 to be attached at the rec. building, and to direct the cable company to extend the cable from the pole to the rec. building. Councilman Clark seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
PLATE READER UPDATE: Police Chief Hepkins stated the system is being put together by the County.
UPDATE ON JUSTICE COURT AUDIT: Joseph Ostrowski advised that the Court Clerks will be ready around the second week of January. He will get with them in the middle of December to get a date.
SOLAR LAW UPDATE: Supervisor Pero announced that he now has a copy of the Solar Law draft to review.
HAND SCANNER UPDATE: Supervisor Pero noted that the hand scanner has been installed at the highway garage. As of Monday the 17th of October, the highway employees will be logging in with the hand stamp. Supervisor Pero acknowledged that the highway is about to hire 2 new employees. He asked the Board if they could approve the appointment without setting a rate of pay at this time. The attorney stated that the Board was better off waiting until the rate is determined, and then act at the next meeting, provided the next meeting is public and advertised noting that action will be taken. No action was taken at this meeting.
DATE CHANGE FOR NEXT REGULAR TOWN BOARD MTG DUE TO ELECTION: Supervisor Pero acknowledged that the next regular Town Board meeting was set for November 8th, which is election night. He then motioned to change the meeting date to Wednesday, November 9th. Councilman Clark seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
BUDGET WORKSHOP SCHEDULED: Supervisor Pero advised the Board that a budget meeting would be needed to review the Tentative budget and adopt the Preliminary. Much discussion occurred as the Board had prior engagements for each date suggested. Town Attorney Trask advised the Board that the preliminary budget must be adopted on or before the Thursday following the election. Therefore, if the Board wishes to adopt it final budget on November 9th, the Preliminary must be complete and in the hands of the Town Clerk no later than the 1st of November in order to ensure it is available for the public and the legal notice is published at least 5 days prior to the public hearing to adopt the final budget. After much discussion, 6:00 PM Friday October 28th was the chosen date for the Special Budget meeting.
8:00 BREAK FOR PUBLIC HEARING REGARDING CDBG GRANT APPLICATION:
The Town Clerk read the Legal Notice:
TOWN OF BRANT
LEGAL NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a public hearing on Tuesday, October 11, 2016 at 8:00 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.
THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.
THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant.
CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.
THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.
October 2, 2016
By order of the Brant Town Board
Barbara J. Daniel, Brant Town Clerk
Supervisor Pero then motioned to open the public hearing at 8:00 PM and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
Discussion: Supervisor Pero began to discuss the various projects the Town has been able to accomplish through the use of CDBG Federal funds. Projects in the past have been improvements such as the creation of the Memorial Park, the Route 5 & 20 Economic study, the Senior Recreation building exercise, the ADA improvements at the Park to name a few. This year, the general area of priority is the update of the Town of Brant’s and Village of Farnham’s Master plan. The cost to create an updated Master Plan would be approximately $28,000 and per grant requirements, the Town’s 5% portion, would be $1,400.00. The second request should be the funding of Rural Transit.
Supervisor Pero asked for other suggestions or comments from the public. The audience made no suggestions. At 8:09 PM, Councilman Kaczmarek motioned to close the public hearing, seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
Councilman DeCarlo then moved to adopt the following resolution being read by Supervisor Pero:
WHEREAS, following the Public Hearing of October 11, 2016 which was held at the Brant Town Hall for suggestions by the public for projects to be submitted for funding, and in consideration thereof,
NOW, THEREFORE BE IT RESOLVED, that the Brant Town Board submits the following projects to be considered for funding by the Erie County Community Development Block Grant Program during the 2017-18 grant cycle:
1st Priority - Town of Brant & Village of Farnham Comprehensive Master Plan Update; and
2nd Priority - Rural Transit Service.
NOW THEREFORE BE IT RESOLVED that the Brant Town Board authorizes Leonard K. Pero, Town Supervisor, to sign, submit and if funded, execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for the cited projects upon approval of the ECCDBG.
NOW THEREFORE BE IT FURTHER RESOLVED that the Brant Town Board provides matching funds in an amount not to exceed $1,400 of the total project cost using a 5% cash match from the Town’s Master plan (A8989.4) line item.
Seconded by Councilman Kaczmarek and put to a roll call vote:
Councilman DeCarlo Aye
Councilman Kaczmarek Aye
Councilman Clark Aye
Councilman Muffoletto Aye
Supervisor Pero Aye
5 ayes, 0 nays RESOLUTION ADOPTED
EVANS DISPATCH TO INCREASE COST TO TOWN OF BRANT: Supervisor Pero addressed a notice he received from the Town of Evans. The cost of this year’s contract is $2,750.00 but will rise to $15,000.00 starting in 2017. The Supervisor is going to look into allowing the Erie County Sheriff’s to provide the Town’s dispatch services, which will be free. Using the Sheriff’s would require the purchase of one radio. Discussion began about the affect the change would have on the Fire Companies. After much discussion, Councilman Muffoletto motioned to offer the Town of Evans $3,000.00 for their dispatch services starting in 2017. Councilman Clark seconded the motion. A roll call vote was taken: Councilman Muffoletto-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
The decision on whether to switch to the Erie County Sheriff’s dispatch services is tabled until the November meeting.
HALLOWEEN HOURS: Supervisor Pero noted that tricks or treats will now be permitted between the hours of 6 pm to 8 pm on Monday October 31st. He then asked for a motion to approve the hours. Councilman DeCarlo motioned to approve the hours as noted by Supervisor Pero, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
WARGULA SCHOOL TAXES: Supervisor Pero motioned to approve the payment of the school taxes on the Wargula property recently purchased by the Town. The amount is $890.03 and this will be the only year the Town will have to pay them. Councilman Clark seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
REPORTS OF COMMITTEES: No reports presented.
TOWN BOARD REPORTS:
RECOGNIZED PRIVILEGE OF THE FLOOR:
Police Chief Hepkins noted that he forgot to mention the Patrol Car (Crown Vic) is overheating. He advised that parts are available on the old car that was supposed to be sold. The parts would otherwise cost approximately $300.00. The board advised not to remove parts from old car as it is to be sold.
Town Historian asked about the person who was seeking genealogy items at the Town Clerk’s Office. She was curious to see if it would have been something the historical society would have been interested in. The town responded that it was a private person trying to find a few of her deceased ancestors.
No further discussion.
He then spoke of another community wide program available. The program would allow people to lease or buy a solar panel. The electric generated off the panel you lease or buy would then be credited to your account. The program is new and he will look further into it.
Supervisor Pero read the following Abstract 10:
*Prepaid and unpaid as of 10/11/16 Total Claims $55,250.65
Gen Fund Town wide Vouchers Totaling: $39,746.48
Gen Fund – Part Town Voucher Totaling: $7,867.78
Highway T.W. Vouchers Totaling: $4,085.43
Highway P.T. Vouchers, Totaling: $313.81
Fire Protection: Vouchers: Totaling: (SF) $
Street Lighting: Voucher Totaling: $2,313.01
H Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist. 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
SW Brant Water Dist 1: Voucher: none – Totaling $60.00
CD Special Grant Fund: unpd: None, Totaling: $864.14
PAYROLL (2 payrolls):
General Town Wide Payroll 09/04/16 TO 09/30/16 – Totaling $41,646.05
General Part Town Payroll 09/04/16 TO 09/30/16 Totaling: $669.58
Highway Payroll TW 09/04/16 TO 09/30/16 Totaling: $3328.27
Highway Payroll PT 09/04/16 TO 09/30/16 Totaling: $3,464.19
Councilman Clark motioned to approve Abstract 10, 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 NOVEMBER 9, 2016 AT 7:00 PM (7:30 pm June thru Sept).
Supervisor Pero noted that the Board will be entering an executive session for personnel issues after adjournment. No action will be taken.
At 9:50 PM, Councilman Clark motioned to close the executive session, seconded by Councilman Muffoletto.
5 ayes, 0 nays. Motion carried.
At 9:51 PM Supervisor Pero motioned to adjourn the meeting and was seconded by Councilman DeCarlo.
5 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Brant Town Clerk