This Regular Meeting of the Brant Town Board was held on Tuesday, June 13, 2017 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
Leonard Pero Supervisor
Chad Kaczmarek Councilman
Michael Muffoletto Councilman
Donald Clark Councilman
Mark DeCarlo Councilman
Angela Joy Deputy Town Clerk, Recording Secretary
William J Trask, Sr. Town Attorney
ALSO PRESENT / SIGNED IN WERE:
Brian Rott Resident
Debra Ritz Resident
Patricia Friend Town Historian
Janice Ross Planning Board/BOAR member/Hwy. Secretary
Joseph Giambrone Highway Superintendent
Lynda Ostrowski Secretary to the Boards
Joe Ostrowski Planning Board Chairman
Donna Marien Resident
Janet Bowman Assessor’s clerk
Frank Broughton ZBA Chairman
Donald Hepkins Chief of Police
Raymond Dunkel Resident
Lori Dunkel Resident
Jere Hoisington Mayor of Farnham
Alexander Kujawinski Resident
Phil Pericak Resident
Cynthia A. Smith Resident
Aaron Weiner Weitsman of Brant rep
The meeting opened at 7:00 PM with the pledge of allegiance.
MINUTE APPROVAL MAY 9, 2017 REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes the May 9, 2017 Regular Town Board meeting. Councilman Muffoletto seconded the motion.
5 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATION: Budget modification #2 of 2017 was read by Supervisor Pero as follows:
Richard A. Gryksa MBA, Town Accountant
Budget Modification #2 as of
April 30, 2017
Please make a resolution at the regular Town Board meeting on Tuesday June 13th 2017 to approve the following Budget Modification to the 2017 Adopted Budget for the following Fund:
General Fund - Townwide (B)
Refuse & Garbage
Councilman Kaczmarek motioned to approve budget modification #2 of 2017 as presented, 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.
TOWN CLERK’S/TAX COLLECTOR’S APRIL 2017 FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s April 2017 Regular Financial Report, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S APRIL 2017 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve Justices Borngraber and Gier bail and regular financial reports, was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S MAY REPORT: CEO Gary Brecker presented his reports for May. Councilman Kaczmarek motioned to accept the report as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S MAY 2017 REPORT: The May report was tabled until the July meeting.
POLICE REPORT MAY 2017: The May 2017 police report was presented by Police Chief Donald Hepkins. The chief noted that the County will be putting up the new 45 MPH speed limit signs on Milestrip Road and the first 30 days will be a warning period. During that 30 days period, those who exceed 45 will receive a warning. Supervisor Pero motioned to accept the report as read, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT’S MAY REPORT: Highway Secretary Janice Ross explained there was no report for the Highway for May. Highway Superintendent Giambrone stated he is very busy and didn’t have time to document his activity for his secretary. Councilman Clark asked the Superintendent if he had special concerns about any of the Highway vehicles. Giambrone responded that he needs a one-ton truck to move blacktop. Councilman Clark asked if the mutual aid assistance from other municipalities can keep him going for this year. Giambrone responded that the Town of Collins loaned him two men for four days to assist in laying millings along some of the Town roads. Discussion on the need for another one-ton dump truck. No action was taken. Supervisor Pero then stated the May report will be tabled until the next meeting.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR MAY 2017 & APPOINTMENT OF SCANNING CLERK: The Town Clerk’s monthly activity report for May was read by Deputy Clerk Joy. Within the report, the Town Clerk requested the temporary appointment of Sandra Austin as Scanning clerk for the current Records Management Grant project due to time constraints. Supervisor Pero motioned to approve the appointment of Sandra Austin, and was seconded by Supervisor Pero. 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 then motioned to approve the Town Clerk’s May monthly activity report as presented, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski presented the June 6th, Planning Board meeting minutes. She then read the Planning Board’s recommendation to the Zoning Board of appeals regarding the application for Variance presented by resident Tim Marien. Councilman Clark asked the Planning Board to use the term “Advisory Opinion” rather than recommendation. Supervisor Pero then read a letter from Planning Board Chairman Ostrowski. The letter requested the Town Board create a “Building permit application” packet that would allow applicants to have an understanding of the permit process and the laws that govern it. It also recommended the Board assess punishments to violators. Supervisor Pero then motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: Zoning Board chairman Frank Broughton presented the Board with a Resolution the Town Board had adopted in 2007 regarding the training requirements for Planning and Zoning Board members. He advised the Board that the State has a good training video which he feels the Board should approve as an annual viewing by Zoning Board members. He said he also found some booklets that he felt the Board could assess an hourly value for each booklet for members who read them. He then advised the Board of the lack of training records in the Town Clerk’s office. Supervisor Pero then reminded Mr. Broughton that Planning and Zoning members have an option to attend the Southtowns Planning meeting to obtain credits. He reminded Mr. Broughton that sending so many people for extensive training gets costly.
Attorney Trask asked Mr. Broughton if the Planning Board’s advice to the Zoning Board to add another building on the Marien property that was in need of review by the Zoning Board has been added to the application yet. Broughton answered no, stating he was unsure of how to do that. Trask responded that Mr. Marien needs to submit a revised application to include the second building. He added that since the Planning Board had the foresight to catch it, they have already reviewed it and do not require a second review. Trask added to make the amendment to the application retroactive to the original application date.
Supervisor Pero asked for a motion to approve the Zoning Board Chairman’s verbal report. Councilman DeCarlo made the motion and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
RECREATION DIRECTOR’S REPORT: Supervisor Pero stated that registration for recreation campers has opened. Deputy Joy mentioned she has received several applications.
It was noted that the summer recreation program will begin Wednesday July 5th.
PARKS COMMISSIONER’S REPORT: Allen Nolan was not present. Supervisor Pero mentioned that the ball diamond looks good.
TOWN HISTORIAN REPORT: Town Historian Patty Friend presented her May 17 minutes of the meeting. She informed the Board that the Farnham Post office will have a Pictorial post mark this Thursday, June 15 from 1 PM to 5 PM. Those who visit the post office will receive a free 125th anniversary postcard and or Poster, (while they last) and will have an opportunity to enter a drawing. There will be Water Tower prints to be given away. (2) HO Scale Water towers and (2) Engineer prints of a water tower to give away to the (4) winners. Councilman Kaczmarek motioned to approve the report as presented, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: Councilman Clark requested information about a problem being experienced with the signal for the pagers at Evans Dispatch. Councilman Muffoletto responded that he heard about the problem but was told they were installing a new directional tower.
SENIOR’S REPORT: The Senior’s report for their June meeting was presented by Secretary Lynda Ostrowski. The Senior’s picnic is August 2nd. It was noted that the next AARP driver’s course will be held June 26th and 27thfrom 6 pm to 9 pm in North Collins, contact Bonnie Noto for reservations. Councilman Muffoletto motioned to accept the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero asked the Mayor of Farnham Jere Hoisington if he wanted to speak. Jere just wanted to announce they are getting ready for the upcoming free concerts.
STANDARD WORKDAY RESOLUTIONS: Supervisor Pero advised the Board that a correction was made to the Standard Workday resolutions adopted in May. Attorney Trask read the resolutions to be adopted:
BE IT RESOLVED, that the TOWN OF BRANT location code 30687, hereby establishes the following as standard work days for its employees and will report days worked to the New York State and Local Employees’ Retirement System based on the time keeping system or the record of activities maintained and submitted by these members to the clerk of this body:
Town Clerk Standard workday, 6 hours
Town Supervisor Standard workday, 6 hours
Court Clerk Standard workday, 6 hours
Secretary Standard workday, 6 hours
Town Attorney Standard workday, 6 hours
Town Prosecutor Standard workday, 6 hours
Town Councilman Standard workday, 6 hours
BE IT RESOLVED, that the TOWN OF BRANT, location code 30687 hereby establishes the following standard work days for these titles and will report the officials to the New York State and Local Retirement System based on their record of activities:
Town Supervisor, Leonard K. Pero, 6 hours, ROA result of 16.06
Town Clerk, Barbara J. Daniel, 6 hours, ROA result of 31.17
Town Councilman, Donald Clark, 6 hours, ROA result of 3.67
Town Attorney, William J. Trask, 6 hours, ROA 8.52
Town Prosecutor, John C. Grennell, 6 hours, ROA 3.24
Supervisor Pero motioned to adopt the Standard Workday resolutions as presented, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.
PURCHASE OF PLATE READER: Police Chief Donald Hepkins explained the grant for the plate reader requires the Town to pay for it. The County will then reimburse the Town within 30 days. The grant amount will be short $11.00 the Town will have to pay. The cost of the plate reader is $20,004.60. The cost includes a five year warranty. Supervisor Pero then motioned to approve the pre-payment of the plate reader in the amount of $20,004.60. 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.
RECREATION HIRE: Supervisor Pero addressed the lists of proposed hires for the Brant recreation program. One list contained suggested re-hires and another was a list of applicants who sent letters of interest. Councilman Muffoletto stated his son has worked with recreation for the last four years and his name isn’t on the list. It was noted that the lists were incomplete. Attorney Trask advised the Board to vote on the hiring at the July meeting and make the hire date retroactive. The Board tabled the vote until the July meeting.
At 8:00 PM, Supervisor Pero announced it was time to open the public hearing. He instructed the Deputy Town Clerk to read the Public Notice:
Deputy Clerk Joy read the Notice:
TOWN OF BRANT, NEW YORK
NOTICE OF PUBLIC HEARING
Pursuant to resolution of the Town Board of the Town of Brant, New York, notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 13th day of June, 2017 at 8:00 P.M. Local Time, for the purpose of considering Proposed Local Law No.2-2017 which, if approved, would amend the Town of Brant Zoning Law by establishing regulations for the siting, installation and operation of Commercial and Residential Solar Energy Systems in the Town of Brant, by creating a new Chapter 161-39-I entitled “Solar Energy Systems”.
Copies of the proposed local law are available for review in the office of the Town Clerk. All interested parties will be given an opportunity to be heard.
Dated: May 31, 2017
By order of the Brant Town Board
Brant Town Clerk
Supervisor Pero then motioned to open the public hearing, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
Discussion: Town Attorney Trask noted that a completed zoning Referral (ZR-1) and forwarded it to Erie County for their review and comments. He stated that if no comments have been received from the County, the Town Board is free to act on the law after the Public Hearing is closed. He also reminded the Board to vote on the Negative Declaration prior to adopting of the local law.
Code Enforcement Officer Gary Brecker spoke in favor of the law.
Frank Broughton asked for summary of what this law will do. Supervisor Pero responded that it pertains to the placement of solar panels, protecting fireman regarding roof mounts which have been found to be a problem. Planning Board Chairman Ostrowski added the law protects the Town from the costs related to abandoned equipment. It requires proper maintenance of the systems to prevent an eyesore situation. Attorney Trask added that the law requires an environmental impact study to be done in agricultural areas where Commercial systems may impact Agricultural land. Trask explained that a number of years ago the Town of Brant had entered into an agreement under a Farmland Protection law. Because the Town is bound by the Farmland Protection law, all applicants looking to utilize Agricultural land for Solar Energy Systems, whether the land is in production or not, consideration must be given to the environmental impact the system will have on agricultural tracts of land.
No further comments were made.
At 8:08 PM, Supervisor Pero then motioned to close the public hearing, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
Town Attorney Trask then read the following proposed resolution:
TOWN BOARD OF THE TOWN OF BRANT
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
Negative Declaration (June 13, 2017)
WHEREAS the Brant Town Board is considering action relative to the adoption of proposed Local Law #2 of 2017 which would regulate commercial Solar projects by Special Use Permit in the Town of Brant; (hereinafter “Project” or “Action”); and
WHEREAS, the Brant Town Board previously determined that the proposed Action declared itself Lead Agency by resolution dated May 9th, 2017 and a public hearing was held on June 13, 2017; and
WHEREAS the Board made a referral of the proposed Action to the Erie County Department of Environment and Planning pursuant to General Municipal Law Section 239-m, and has received no response or comments from such agency; and
WHEREAS the Board has taken a “hard look” at all potentially adverse environmental impacts pursuant to SEQRA;
NOW THEREFORE, IT IS RESOLVED by the Board that:
Based upon the Board’s thorough and careful review of the Action, including the Environmental Assessment Form and all other materials submitted in connection therewith, the Board hereby determines that the Action will not result in any significant environmental impacts and hereby issues a Negative Declaration for the Action pursuant to SEQRA.
Reasons for supporting Negative Declaration:
Air, Water, Noise, Waste, Erosion, Drainage, Site Disturbance Effects: The Action will not create any permanent adverse change in the existing air quality, water quality or noise levels, not in solid waste production, nor potential for erosion, nor promote flooding or drainage problems.
Aesthetics, Agriculture, Archeology, History, Natural or Cultural Resource, Community or Neighborhood Characteristics: The Action will not adversely affect agricultural, archeological, historical, natural, or cultural recourses.
Vegetation, Fish, Wildlife, Significant Habitats, Threatened or Endangered Species: No plant or animal life will be adversely affected by the Action.
Community Plans, Use of Land or Natural Resources: The Action is not inconsistent with official community plans and goals and will have no adverse effects on land-use or the use of natural resources by or in the community.
Growth, Subsequent Development, etc: The Action will not induce any significant or adverse growth or subsequent development.
Long Term, Short Term, Cumulative, or Other Effects: The Action will not have any significant adverse long term, short term, cumulative, or other environmental effects.
Critical Environmental Area: The Action will not have significant impact on any Critical Environmental Area as designated in 6 NYCRR, subdivision 617.14(g).
Public Health and Safety: The Action will have no immediate impact upon these concerns.
6 NYCRR 617.1 states that it is the intention of the SEQR regulation “that a suitable balance of social, economic and environmental factors be incorporated in the planning and decision making of State, regional and local agencies. It is not the intention of SEQR that environmental factors be the sole consideration in decision making.”
This Board has considered all of the evidence submitted and has determined that the Action will not have a significant adverse environmental impact on the community.
Supervisor Pero then motioned to adopt the above Negative Declaration resolution regarding proposed Local Law #2-2017, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo. 5 ayes, 0 nays. RESOLUTION ADOPTED.
At this time Supervisor Pero motioned to adopt proposed local law #2-2017 by adding Chapter 161-39i (Solar Energy Systems) to the Town of Brant code, seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo. 5 ayes, 0 nays. RESOLUTION ADOPTED.
NEW BUSINESS (Cont’d):
Highway new hire (Part-time): Supervisor Pero advised the Board that the Highway Superintendent has requested the appointment of Cordaro Amaya and Taylor Hamilton as Part-time Highway Laborers at a rate of $12.00 per hour. Supervisor Pero motioned to approve the appointments, 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.
Highway New Hire (Full-time): Supervisor Pero advised the Board of the Highway Superintendent’s request to hire a full time employee at a rate of $18.50 per hour. The Board why they had not been permitted to review the applications received. They questioned if a background check had been done on the individual the Superintendent hired. They would have liked the opportunity to contact previous employer. Supervisor Pero responded the Board can go into executive session at the end of the meeting.
At 8:15 PM, the Supervisor announced it was time to open the second public hearing to consider the renewal of the Special Use Permits within the Town. He instructed the Deputy Town Clerk to read the Public Hearing:
Deputy Clerk Joy read the Notice:
TOWN OF BRANT, NEW YORK
NOTICE OF PUBLIC HEARING
Pursuant to resolution of the Town Board of the Town of Brant, New York, notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 13th day of June, 2017 at 8:15 P.M. Local Time, for the purpose of considering annual renewals for the following Special Use Permits:
1. Stefan Artymowycz
10216 So. Western Blvd.
Angola, NY 14006
2. Thomas C. Bowman Jr.
10623 So. Western Blvd.
Irving, NY 14081
3. Timothy Clark
1461 Milestrip Rd
N. Collins, NY 14111 Windmill
4. Michael & Barbara Daniel
10575 So. Western Blvd.
Irving, NY 14081
Used car sales, auto detailing and windshield repair
5. Josh Foltz
10307 Mileblock Rd.
North Collins, NY 14111
Commercial warehouse, trucking and truck repair
6. Andrew Lonkey
10962 So. Western Blvd.
Irving, NY 14081
Motor vehicle repair and paint shop
7. Joseph Reynolds
10564 So. Western Blvd
Irving, NY 14081
Used car sales
8. John D. Snyder
1506 Burns Rd.
Angola, NY 14006
Unrestricted used car sales at
10623 So. Western Blvd
Brant, NY 14027
9. Ben Weitsman of Brant LLC
P.O. Box 420
Owego, NY 13827
Junk yard at
1132 Brant Farnham Rd
Brant, NY 14027
10. Family Life Ministries, Inc
7634 Campbell Creek Rd
Bath, NY 14810
This public hearing is being held pursuant to Local Law No.1-2016.
All interested parties will be given an opportunity to be heard.
Dated: May 31, 2017
Brant Town Clerk
Supervisor Pero then motioned to open the Public Hearing, seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
DISCUSSION ON SPECIAL USE PERMIT HOLDERS:
JOSH FOLTZ: Code Officer Gary Brecker advised the Town Board that the Special Use Permit held by Josh Foltz will no longer be needed. He stated that Josh Foltz contacted him in response to notification of the renewal process. Foltz advised the Code Officer that his entire operation which was on Special Use Permit is now agricultural. CEO Brecker is awaiting a written letter from Mr. Foltz pertaining to this.
MICHAEL & BARBARA DANIEL: Code Officer Gary Brecker stated he visited the property and has noted a reduction in cars remaining. He stated the owner, Barbara Daniel is steadily liquidating the inventory. He also noted that the Special Use was issued to the property which means, as property owner, she has the option to continue the permit. Councilman Muffoletto questioned if they could push to remove the cars from the front lot, since Mike Daniel is now deceased.
Attorney Trask reminded the Board to take public comment upon completion of the CEO’s report on each property. Supervisor Pero asked for public comment on the Daniel application. No one spoke.
STEFAN ARTYMOWYCZ: Code Officer Brecker noted that no changes have been made to the Route 20 Junkyard in the past year. He recommended renewing the application. The Board then asked for public comment. No one spoke.
THOMAS C BOWMAN, JR: Code Officer Brecker stated no changes have been made to the junkyard since last year’s application. He recommended renewal. The Board asked for public comment. No one spoke.
BEN WEITSMAN OF BRANT, LLC: Code officer Brecker stated the junkyard is very clean, neatly run. Corner looks terrific. Councilman Clark asked about the planting of trees along the road. The representative present responded they ran out of time last year and will bring it up to the owner again. The Board asked for public comment. No one spoke.
JOHN D. SNYDER: Code Officer Brecker reported the car lot is neat. It creates no dust since it is gravel. He recommends renewal. The Board asked for public comment. Jere Hoisington asked what “Unrestricted used car sales” meant. CEO Brecker responded that his permitted number of cars for sale increased from approximately 15, to unlimited number that he can fit on his lot.
ANDREW LONKEY: Code Officer Brecker reported that he visited the business and found a stockade fenced area that was not over stocked. There was no junk. He recommended renewal of the permit. The Board asked for public comment. No one spoke.
JOSEPH REYNOLDS: Code Officer Brecker stated the dealership sits on a gravel lot, and presents no dust problem. He stated the lot contains 10 cars. The CEO recommends renewal. The board asked for public comment. No one spoke.
TIMOTHY CLARK: Code Officer Brecker questioned the need for Mr. Clark to annually renew his permit. He stated that in working with past administrations, the permit was to construct the Tower. Now that it is up, does he need to renew it annually? Resident Cindy Smith asked if the Tower contained a windmill or a turbine. She added that a wind turbine generates power, and a windmill grinds grain. The Board asked if there was any other public comment. No further comments.
FAMILY LIFE MINISTRIES: Code Officer Brecker questioned the need for annual renewal of a Special Use permit for the radio tower. Attorney Trask responded that the original approval of the permit required annual renewal. Councilman Clark stated the renewal allows the Town to be aware if the access road becomes overgrown. Rick Snavely, the representative for Family Life Ministries spoke. He stated that the Tower was constructed under the old guidelines. He added that in all the Towns they have Towers, they never come across a need to renew a permit annually. He reminded the Board that he allows the Town free use of the Tower for their police radio which requires the use of their electricity, at no cost to the Town. He implored the Board to make an exception to this rule. Attorney Trask advised the Board to review the resolution adopted by their predecessor Town Board. He further advised that perhaps they can revisit the resolution. The representative acknowledged Councilman Clark’s concern about the access road by stating they have crews that visit each location twice a year to make sure the roads are clear. Police Chief Hepkins spoke on behalf of Family Life Ministries stating that by placing the “repeaters” on their tower, they have increased the radio reception for the contact with the patrolmen. He added that Family Life Ministries utilized their own workforce to install the repeater on the Tower. No further discussion.
At 8:38 PM, Supervisor Pero then motioned to close the Public Hearing, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero and Councilman Muffoletto began discussion regarding the removing the requirement of annual renewal for the permits issued to Tim Clark and Family Life Ministries. Attorney Trask advised the Board to renew all the permits, except the withdrawn application from Josh Foltz. He added that this will give him time to review the legal process of withdrawing the requirements for renewal of Family Life Ministries and Tim Clark.
At this time, Supervisor Pero motioned to approve the Special Use permits reviewed and discussed during the public hearing, except the permit withdrawn by Josh Foltz. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero motioned to instruct the Town Attorney to research the process to exempt Family Life Ministries and Timothy Clark from the Special Use Permit annual renewal requirement. Councilman Muffoletto seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-abstain. 4 ayes, 1 abstain, 0 nays. MOTION CARRIED.
NEW BUSINESS (Cont’d):
HEALTH INSURANCE / BILL WESP: Supervisor Pero noted a request from retired Deputy Highway Superintendent. Accumulated balance on his health insurance. Capped at $508.38 The Town’s recent changes to the policy produced a $47.67difference. Supervisor Pero stated he will continue to deduct that amount, and requires Board approval. Supervisor Pero motioned to approve the change, seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman Clark-aye. 5 ayes, 0 nays. MOTION CARRIED.
ZOMBIE HOMES PROPOSED RESOLUTION: Supervisor Pero then read a proposed resolution from the Erie County Legislature which, if adopted, would support the earlier foreclosure of properties delinquent on taxes. The resolution read as follows:
WHEREAS, since 2015 more than 800 homes in Western New York have been deemed "zombie houses" defined as properties undergoing the foreclosure process that can remain vacant for years; and
WHEREAS, the economic result of such vacant properties is nearly $58 million worth of real estate in Erie County since it was last calculated; and
WHEREAS, if the home remains vacant for a long enough period of time the property value could decrease to such a level that it is no longer in a bank's financial interest to foreclose on the property implying that time is a crucial factor in these cases; and
WHEREAS, these houses remain empty typically due to homeowners' misunderstanding of proper foreclosure procedure- leaving these houses in limbo, i.e. the homeowners no longer maintain the property and banks are not legally obligated to. This means these properties are maintained oftentimes at the expense of taxpayers; and
WHEREAS, in the United States the average time it takes to foreclose on a property is two years. If a house has been deemed abandoned by the municipality the foreclosure process should only take one year; and
WHEREAS, as such the Erie County Legislature requests permission from New York State to make the following amendments to the legislation known as the Erie County Tax Act; and
WHEREAS, the purpose of this resolution is to recommend the New York State Senate and Assembly amend § 9-1.0 of the Erie County Tax Act to shorten the period in which the holder of a tax sale certificate may foreclose on a property that is certified by a municipality to be vacant and abandoned from two years to one year; and
WHEREAS, additionally to recommend § 11-2.0 of the Erie County Tax Act be amended to shorten the period in which the county may foreclosure on a tax certificate on a property that is certified by a municipality to be vacant and abandoned from two years to one year.
NOW, THEREFORE, BE IT
RESOLVED, the following resolution is hereby adopted by the Erie County Legislature; and be it further
RESOLVED, that the Clerk of the Legislature forward certified copies of this resolution to the New York State Assembly attention Speaker Carl E. Heastie and New York State Senate attention Majority Leader Flanagan as well as to the Erie County Executive, the Honorable Mark Poloncarz and to all other parties deemed necessary and proper.
The Town Board began to discuss the resolution. No action was taken.
Supervisor Pero then read a letter from the Chemung Town Supervisor regarding his opinion of the current “Shared Services” requirement of local government. The letter demonstrated the irony that local governments have been “Sharing Services” for years, while New York City and Albany remain exempt when it comes to the Governor’s Shared Services and Tax Cap law. The letter expresses the frustration felt by Supervisor’s throughout upstate New York because of the restrictions placed on small towns to cap taxes and demand share services between local governments.
Supervisor Pero explained that local Towns are being required to submit another list of shared service plans as required by the New York State “Shared Services property tax reduction” law. He then presented the following resolution which he drafted for submission:
WHEREAS the county wide Shared Service property tax savings plan legislation enacted by Part BBB of Chapter 59 of the laws of 2017 requires every town in New York State to participate in a County wide Shared Service panel, and vote on a plan to reduce real property taxes created by the County Chief Executive Officer Shared Service Plan.
WHEREAS the above section of law provides that the Town Supervisor shall be the representative for the Town of Brant in the County-wide Shared Service Panel; and
WHEREAS the above section of law gives the Town Supervisor the opportunity to provide recommendations on proposals, to be in include in a shared service plan, and gives the Town Supervisor the authority to give proposals that specifically affected Town of Brant removed from the Shared Service Plan prior to the panel voting; and
WHEREAS the above section of law requires any proposal in the shared service plan to be implemented in accordance with the applicable state law, and the New York State Constitution; and
WHEREAS state laws specifies, but not limited to general municipal law Article 5g requires the Town Board to approve Shared Service Agreements;
NOW THEREFORE BE IT RESOLVED that the Town Board will consider implementing these proposals;
Sharing of the Town’s eWaste & Tire drop off with the Village of Farnham ($1,600 savings to Village)
Sharing of Town’s Dog Control services with Village ($1,400 savings to Village)
Village of Farnham shares water maintenance with the Town, saving Town cost of Labor, building, and maintenance expenses.
Similar to the Plowing Agreement with Erie County, Towns to create a new agreement to mow and maintain ditches on County Roads and repair potholes, which would save the County thousands of dollars in labor costs.
LET IT BE FURTHER RESOLVED that the Town Board will consider any opposing proposals for shared services.
Councilman DeCarlo motioned to adopt the resolution as presented, 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.
Supervisor Pero mentioned that a meeting be held and the public is invited. It will be held on July 17, 18 and 19. It will be a Public Hearing regarding the Shared Services mandates being imposed on local government. A special meeting will be held on August 1st to present all the plans of the local Towns and Villages. There will be a vote on the plans on September 15. On October 15, there will be a public presentation. Supervisor Pero expressed his opinion that this is part of a way to phase out small communities such as Villages. He noted that the tax cap prevents towns from keeping up with inflation.
Summerfest: Councilman Kaczmarek stated the weather was great for the Brant Festival. The music bands brought the crowds. A few new attractions were added such as the power wheels event. They are already working on new ideas for 2018. Supervisor Pero noted that the Parish of Our Lady sold out.
TOWN BOARD REPORTS:
Councilman Kaczmarek: Lake Shore Football received the 34 foot flag pole to be donated to the
Town and installed at the Park. He mentioned the all you can eat pancake breakfast to be held
on Father’s Day from 9 am to 1 pm at the Town Hall.
Councilman Clark: Nothing to report
Councilman DeCarlo: Nothing to report
Councilman Muffoletto: He wanted to thank Janice Ross and Marie Lalka for taking over the
basket raffle at the Brantfest when Pat Granica became ill.
Reported that the LEWPA (Lake Erie Water Protection Alliance) Committee is seeking another $250,000 for work on the watershed. He discussed the mission of the committee and described some of the uses of the money.
Supervisor Pero asked if Pat Militello’s lawn was repaired yet. The Town’s equalization rate is now 79%.
Lean to repair is not completed yet.
Sales Tax is 3.15% higher than corresponding 2016 payment. Year to date is 2.48% above last year year’s to date.
Erie County Association of government meeting at Community Building on the 22nd. The Town Board and committees are welcome to attend.
Scheduled to meet with Comp Insurance on the 26th of June
Next Town Board meeting will be July 11 at 7:00 PM.
PRIVILEGE OF THE FLOOR:
James George complained about the trucker’s use of Jake Brakes in the Town. He would like the Town to adopt a Jake Brake Ordinance. Attorney Trask stated it would be difficult to enforce. Supervisor Pero stated they can look into it.
Cindy Smith complained about property incorrectly placed property markers in front of a piece of property which is for sale on Fox Street in Wide Beach. She alleged that the seller placed the marker stakes 20 feet onto a vacant neighboring property to create a 100 foot of frontage, rather than 80 feet. Councilman Muffoletto instructed Cindy to get a list together regarding her complaints, and he will have the Code Officer contact her regarding them. Supervisor Pero stated he will have the Code Officer visit her. She stated she contacted the Realtor and they dismissed her complaint.
Frank Broughton refuted some of the claims made by Cindy Smith.
Donna Marien thanked the Board for their hard work on the Brantfest. She complimented the park and expressed pride in the Town’s park. Was happy to see people enjoying it during the Brantfest.
Supervisor Pero thanked the Board for presenting him with the “Wall of Fame” honor.
Janet Bowman wants to encourage people to attend the upcoming free concerts at the Village of Farnham.
With no further discussion, Supervisor Pero motioned to close the privilege of the floor, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then presented Abstract 6 for payment:
Abstract 6 of 2017
*Prepaid and unpaid as of 6/13/17 Total Claims $43,558.37
Gen Fund Town wide Vouchers Totaling: $37,417.61
Gen Fund – Part Town Voucher Totaling: $170.10
Highway T.W. Vouchers Totaling: $881.06
Highway P.T. Vouchers, Totaling: $5,089.60
Fire Protection: Vouchers: Totaling: 0
Street Lighting: Voucher Totaling: $2209.54
H Capital Projects: Vouchers #321, Totaling: $469.00
Lotus Bay Sewer Dist. 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
Brant Water Dist 1: Voucher: none – Totaling $0
Special Grant Fund: Totaling: $
PAYROLL (2 payrolls):
General Town Wide Payroll 4/29/17 to 5/26/17 – Totaling $44,845.39
General Part Town Payroll 4/29/17 to 5/26/17 Totaling: $665.28
Highway Payroll TW 4/29/17 to 5/26/17 Totaling: $1,779.19
Highway Payroll PT 4/29/17 to 5/26/17 Totaling: $4,010.17
Councilman Clark motioned to approve Abstract 6 of 2017, seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
At 9:33 PM, Supervisor Pero motioned to enter executive session. He was seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
[Clerk note: recording was stopped for executive session, but not restarted when executive session ended. Length of executive session was not noted, details of discussion lacking after executive session. Town Clerk will decipher the minimal notes made by recording clerk].
At an undetermined time, a motion was made by Supervisor Pero to close the executive session, seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
The Board took the following actions:
Highway Superintendent Joseph Giambrone informed the Board that he has already hired William Gough as Full-Time Mobile Equipment Operator at a rate of $17.50/hour. The new hire is subject to background check and drug testing. Motion was made by Councilman Clark to approve the appointment and rate, seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero motioned to approve the re-hiring of recreation staff members named in the list from Recreation Director Vince Finninzio. They are:
Michaela Stepniak Rhianna Renaldo Alexa Haburer
Jalyn Jimerson Madison Justinger Zach Ippolito
Darian Evans Cory Fiutko Mary Katherine Crapsi
Adam Gier Liz Viapiano Liz Bantle
Maddie Penn Alicia Majkut Jordan Scholl
Morgan Ryerse Erik Rechin John DeMaria
Andrew Busch Hannah Renaldo (assistant Director)
Brook Browning Brianna Browning
Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman Clark-aye. 5 ayes, 0 nays. MOTION CARRIED.
At an undetermined time, Supervisor Pero motioned to adjourn the meeting. Councilman Mark DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
Respectfully submitted by,
Brant Town Clerk