This Special Meeting of the Brant Town Board was held on Friday, October 28, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 5:00 PM.

Leonard Pero Supervisor

Mark DeCarlo Councilman

Donald Clark Councilman

Chad Kaczmarek Councilman

Michael Muffoletto Councilman

Trask, Sr. Town Attorney

Barbara J. Daniel Town Clerk, Recording Secretary




Lynda Ostrowski , Secretary to the Boards

Joseph Ostrowski , Planning Board chairman

Debra Ritz

Brian Rott

Ron Kobel

Janet Bowman (Assessor’s clerk)

Joseph DeCarlo, Assessor

Martin Laurie, resident

Frank Broughton, ZBA Chairman


The meeting was called to order by Supervisor Pero.


Supervisor Pero explained that there will be no public input during the workshop.



Supervisor Pero motion for the Board to allow him to sign an agreement with the Lakeshore School District which would allow them to purchase road salt from the Town at a price of $75.00 per loader scoop. Councilman DeCarlo seconded the motion.5 ayes, 0 nays. MOTION CARRIED.


CORRECTION ON THE PRICE OF ADDITIONAL CAMERA: Supervisor Pero advised the Board that the price approved for the additional camera at the October 11 Board meeting was incorrect. The correct amount of the camera was $699.00. The amount approved must be corrected by the Board. Councilman Kaczmarek motioned to approve the corrected price of $699.00, 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.


INCREASE NOTICE FOR DISPATCH SERVICES: Supervisor Pero advised the Board that he received notice from Town of Evans that they will raise the price of their dispatch service to $15,000.00. Supervisor Pero noted that he is looking into utilizing the Erie County Sheriff dispatch service which would be free. The only problem expected will be that it would affect the Fire Departments. Supervisor Pero will send the Town of Evans a letter offering $3,000.00 for their dispatch services. Supervisor Pero asked Councilman Clark to look into Sheriff Dispatch.


BUDGET DISCUSSION: Supervisor Pero began to explain the Tentative Budget line by line. He explained that he gave all employees a 3% increase across the board. He then explained that it was his understanding that each elected department head can name the salary of their employees, but must stay within their budget. Councilman Clark responded that we must have some control so that people aren’t being laid off because the department ran out of money. When the Supervisor reached the Justice Court budget line, Councilman DeCarlo advised that as the liaison for the court, he is suggesting the Court Clerks be raised to $15.00 per hour, per the request of Justice Gier. Supervisor Pero responded that the court budget has enough money in it to allow the judges to pay their clerks $15.00 per hour if the department head chose to do so. Attorney Trask responded that he will look into the legality of the elected department heads being able to adjust their employee’s hourly rate without Board approval.


Supervisor Pero noted that last year the Court Clerks got $13.40 per hour. The Tentative budget gave the clerks $13.80 per hour. He then noted that the Court budget has increased from $109,000 to $134,000. The budget line was increased to accommodate the $15.00 per hour rate.


Supervisor Pero then began to explain the Supervisor’s budget. He noted that he reduced his department by $500.00. He reminded the Board that he is doing the secretary duties and requested the Board just pay him for what he does. The Supervisor noted his position also increased by 3% increase. He then made the secretary position $20,000.00. Out of the $20,000 he placed $6,000 in the Secretary position to accommodate the Part-time payroll clerk’s hours. He put the balance of the secretary money into his Supervisor line for a total of $35,000 explaining that he is doing the work. Attorney Trask said that it would be illegal for him to pay himself as secretary. Supervisor Pero answered that he wanted to have the money transferred to him via budget modifications to his position as budget director. Attorney Trask then stated that budget director cannot be paid for secretarial work. Supervisor Pero objected stating that the work is budget work. The Board reiterated their request that he get a secretary. Supervisor Pero responded that he is training Angela Joy to do the payroll at the moment. Attorney Trask advised the Supervisor that if he is looking for a salary increase, the appropriate thing would be to increase the supervisor’s salary. The Board reiterated their desire for the Supervisor to hire a secretary. Supervisor Pero replied he hasn’t advertised because he wants to hire someone he can trust. He also noted there isn’t enough work in the office to warrant a secretary. Supervisor Pero asked why he couldn’t use the Secretary money to pay himself as budget director through a budget mod. Attorney Trask replied “in January, the Board told you that they will not approve any further budget modifications because they wanted you to hire a secretary”. Trask advised the Supervisor to increase the Supervisor line since he is putting more time in. Councilman Kaczmarek stated he would like to see a secretary in the Supervisor’s office 3 days a week.

Upon conclusion of the Supervisor’s budget, the Supervisor’s line will receive a 3% increase, and the secretary money was returned to the secretary line for a total of $20,000.


It was noted by the Board that the Councilmen will waive their 3% increase. Councilman Clark, liaison to the Assessor’s office noted the assessor’s request to raise his clerk to $15.00 per hour. Councilman Clark stated he felt as though the assessor’s clerk should be comparable to the Court Clerks. Councilman DeCarlo stated he would decline his pay. Attorney Trask was unsure of how a Board member could waive their pay.


Supervisor Pero then went through the rest of the Budget. The assessor Joe DeCarlo waived his 3% increase to allow it to be given to his clerk.


Salary for Attorney Trask was increased to $15,000.00.


Councilman Muffoletto questioned the amount being paid to the Town Prosecutor when bigger Town’s pay less. Attorney Trask noted that Concord pays their Town Attorney $22,000 and their Prosecutor is paid $6,500.00. Supervisor Pero reminded the Board that they are increasing the Judges clerks due to the workload. Therefore, the workload warrants the increase. The Board members were in agreement.


The Board then discussed the Grant Writer. Councilman Muffoletto asked what percentage of increase was put on the Grant writer’s line. Councilman DeCarlo responded 3.1 to 3.2%. Councilman Clark asked if she submitted her annual Grant report. Councilman DeCarlo asked how many hours she works on each grant. The Town Clerk responded that she is unsure but each grant application is an inch or more thick. After discussion, the grant writer received the increase.


Discussion began regarding Allen Nolan’s position. The position received a 3% increase. Attorney Trask questioned Allen Nolan’s schedule of 39 hours per week. He advised the Board that 39 hours a week is full time, and under the employee manual, full time employees are entitled to certain benefits that part time employees are not. He suggested the Supervisor check with civil service.


The tentative budget placed the Police Chief position above the $30,000.00 cap previously set for the chief.


Councilman DeCarlo suggested the Board discuss a new police Vehicle. Supervisor Pero responded that the Town already has two new ones. Councilman Muffoletto acknowledged that two of the Town police cars are out of commission because they are taken home by two employees. Councilman Kaczmarek stated one officer takes home the impala and the Chief takes home the Crown Vic. He disagrees with the vehicles being taken home. He noted disapproval that one officer is taking a car home, and camping and driving it all over the place while the Town pays for gas and parts. He then made suggestions on which cars to keep, and suggested another car to be purchased. It was noted that the Tahoe cannot be used as a pursuit vehicle, and was useless as a police car. Councilman DeCarlo stated we need a second car. Councilman Kaczmarek suggested selling the 2 Crown Vics, and the undercover. Allow the Chief to drive the Tahoe, and Lieutenant does not need a car. Councilman Kaczmarek will get the numbers together for the next Board meeting to present.


Highway Secretary increased from $2,000.00 to $3,000.00 on the tentative budget.


Discussion began regarding the request of Allen Nolan for the Town to purchase a truck. A new truck will not be an option. Money has been put on the budget in the event one is purchased. Attorney Trask asked if Nolan would be considered part time or full time. Supervisor Pero answered that he would then have to be full time or the work won’t get done. Trask then noted that if the position is made full-time, it might require an exam.


Discussion moved to the need to put up a building for Town equipment. It was suggested that a building must be planned.


Supervisor Pero mentioned he did not increase the fire budget. Attorney Trask answered that he will need to call a public hearing to approve a new contract.


The highway budget was discussed, line DA9785.6 (showing $7,500.00) and line DA9785.7 (showing $1,700.00) were questioned. Supervisor Pero explained that if something happens to the Highway equipment, or if the Highway ends up purchasing a backhoe, the money will be there. Councilman DeCarlo stated that the funds should be removed and used to cover the raises that were given. Councilman Muffoletto agreed that the money should be removed. Supervisor Pero advised that if equipment breaks, there will be no money to repair it. Councilman Muffoletto responded that the Town is now paying good money to watch the equipment. Supervisor Pero responded that the money was for repairs of equipment. After discussion, the funds were removed from the lines.


Attorney Trask advised the Board to advertise a Public Hearing to adopt the 2017 Budget and to consider the adoption of Local Law #3 (Tax Cap) in the event the budget exceeds the cap, and to hold a Public Hearing on the Fire Contracts. Supervisor Pero motioned to hold a public hearing for the Fire Contracts at 8:00 PM, a public hearing at 8:30 for the Budget Hearing, and 8:45 PM to consider the adoption of local law #3 of 2016 (Tax cap law) in the event the budget exceeds the cap. Councilman Kaczmarek seconded the motion.


Attorney Trask advised the Board to work with the Fire Departments in order to have the correct numbers on the budget for November 9.


At the conclusion of the budget portion of the meeting, Councilman Clark motioned to accept the changes proposed on the Tentative Budget to make it the 2017 Preliminary Budget. Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-nay. 4 ayes, 1 nay. MOTION CARRIED.


At 7:02 PM Councilman DeCarlo motioned to adjourn the meeting, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.


Respectfully submitted by,




Barbara Daniel
Brant Town Clerk