This Regular Meeting of the Brant Town Board was held on Tuesday, July 11, 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
Barbara Daniel 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
Lynda Ostrowski Secretary to the Boards
Joe Ostrowski Planning Board Chairman
Donna Marien Resident
Janet Bowman Assessor’s clerk
Donald Hepkins Chief of Police
Alexander Kujawinski Resident
Mark Trask Deputy Town Clerk
Ronald Kobel Resident
The meeting opened at 7:00 PM with the pledge of allegiance.
MINUTE APPROVAL JUNE 13, 2017 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the June 13, 2017 Regular Town Board meeting. Councilman Muffoletto seconded the motion.
5 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATION: Budget modification #3 of 2017 was read by Supervisor Pero as follows:
Richard A. Gryksa MBA, Town Accountant
Budget Modification #3 as of
May 31, 2017
Please make a resolution at the regular Town Board meeting on Tuesday July 11, 2017 to approve the following Budget Modification to the 2017 Adopted Budget for the following Fund:
General Fund - Townwide (A)
Transfer to Capital Projects
General Fund – Part Town (B)
Refuse & Garbage
Councilman Clark motioned to approve budget modification #3 of 2017 as presented, and was 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.
TOWN CLERK’S/TAX COLLECTOR’S MAY 2017 FINANCIAL REPORT: Supervisor Pero motioned to accept the Town Clerk’s May 2017 Regular Financial Report, seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S MAY 2017 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek motioned to approve both accounts for Justices Borngraber and Gier and regular financial reports, was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S JUNE REPORT: CEO Gary Brecker presented his reports for June. Councilman Muffoletto motioned to accept the report as read, seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S MAY 2017 REPORT: The Dog Control Officer presented her May dog control report. The report also contained the year to date impound and kennel fee amounts. She requested to table her June report until the July meeting. Councilman DeCarlo motioned to approve the May report, and motioned to table presentation of the June report until July. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT JUNE 2017: The June 2017 police report was presented by Police Chief Donald Hepkins. The chief noted they received the BUNY grant and STEP grant combined. The amount of this year’s grant was $800 more than last year’s amount of $4,180.00. Councilman Muffoletto motioned to accept the report as read, seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT’S MAY & JUNE REPORT: Highway Secretary Janice Ross presented the May and June Highway reports. The Superintendent attended 2 meetings in May and 2 meetings in June. Councilman Clark motioned to approve the reports as read, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR JUNE: The Town Clerk’s monthly activity report for June was read by the Town Clerk. Councilman Muffoletto motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: No meeting was held in the month of July, therefore no report was submitted.
ZONING BOARD REPORT: No report was submitted. Supervisor Pero read a letter from four ZBA members regarding the recent events involving a recent public hearing.
TO: BRANT TOWN SUPERVISOR
BRANT TOWN BOARD
RE: PROCESS AND CONDUCT OF BRANT ZONING BOARD OF APPEALS
DATE: JULY 10, 2017
The signatories of this correspondence want to convey to the Brant Town Board our grave concerns and displeasure over the current conduct and chairmanship of the Brant Zoning Board of Appeals.
Until recent times, the appointed Secretary of the ZBA would diligently and competently inform the entire ZBA Board of any emerging application to our Board, as well as any ensuing development, information, and opinions with and from the CEO and the Brant Planning Board.
This necessary process would ensure the appropriate and required time and effort for each member of the ZBA to become fully aware and informed of the related details surrounding any such application, and to be prepared for any schedule related Public Hearing to ask any pertinent question and to appreciate and weigh any concern or objections.
This reasonable and effective due process did allow each member of the ZBA to fulfill his or her responsibility, prior to conscientiously proceed with the necessary deliberations and decisions.
Since the appointment of the current Chair of the ZBA Board, this entire process has been completely dismissed and voided, amidst much confusion and frustration.
The application and all related documentation is not shared with the ZBA Board until the date of the scheduled Public Hearing, and in a recent ZBA Board meeting a Resolution was in fact already prepared by the Chair prior to the ZBA Board meeting and before any extensive deliberation and discussion.
It is our impression that the current Chair of the ZBA Board is confused with his role to “preside” over the process and conduct of the ZBA Board activities and meetings, and is instead usurping our appointed role and responsibility as duly constituted members of the Brant ZBA Board by unilaterally dealing with the various agents involved in the ZBA Board application process and expecting the members of the ZBA Board to simply rubber stamp Resolutions orchestrated and prepared by him prior to the official proceedings of the ZBA Board meetings.
As the Individuals responsible for the proper and effective governance of the Town of Brant, we ask that you inquire further into the current state of the ZBA Board Chair conduct and the oversight of its required appropriate and due process, and bring about a speedy and appropriate resolution to this most disconcerting state of affairs.
We thank you for your consideration and attention to our expressed concerns.
The letter was signed by four members of the ZBA. Attorney Trask advised the Board that the letter should have been handled in an executive session. Supervisor Pero then motioned to schedule an executive session following the meeting. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
RECREATION DIRECTOR’S REPORT: No report presented.
PARKS COMMISSIONER’S REPORT: Allen Nolan was not present. No report received.
TOWN HISTORIAN REPORT: Town Historian Patty Friend presented the minutes of the June Historical meeting. She thanked Allen Nolan and Nick Burbige for bringing items to the Brantfest and thanked Chad and Tracy Kaczmarek for bring them back to the Town Hall. She reminded those in attendance about the July 22nd street dance to be held in Farnham. Supervisor Pero motioned to approve the report as presented, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: Councilman Clark reported that Brant had one structure fire, 2 traffic assists, and 1 stand-by for a brush fire. Councilman Kaczmarek to give the Town Clerk the fire reports.
SENIOR’S REPORT: The Senior’s report for their July meeting was presented by Secretary Lynda Ostrowski. The Senior’s picnic is August 2nd and the Board members are invited to attend. Councilman Clark motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
POOL AND RECREATION: Supervisor Pero noted that the Pool is now open and recreation program started July 5th.
NEW BUILDING PERMIT TO BE DESIGNED: Supervisor Pero acknowledged the Planning Board’s request to review and update the current Building Permit application. No vote was taken, but the Board approved the planning board to review and update the application.
EXEMPTION OF SPECIAL USE PERMIT RENEWALS FOR TOWERS: At the June meeting, the Board had decided to consider eliminating the annual renewal requirement for the Family Life radio Tower, and a recently completed Wind Turbine on Milestrip Rd. At this meeting, the board discussed other options such as exempting the Radio Tower from the annual renewal fee. Attorney Trask warned the Town Board of repercussions with using preferential treatment in the handling of certain Special Use Permits. He advised the Board to review the Special Use Permit that was issued to Family Life Ministry for the radio tower. He stated reasons why the annual renewal protects the Town in many ways. No action was taken.
NEW HIRES FOR RECREATION PROGRAM: At the June meeting, the Town Board approved the hiring of those who had already worked in the recreation program. The list was incomplete and the proposed New Hires were not voted on. Chief Hepkins stated that none of the new hires had undergone a background check. The Board then noted that the following people will be subject to background checks. They are:
Councilman Muffoletto motioned to approve the above listed new hires, contingent on a background check, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
APPROVAL OF NEW BUS DRIVERS: Supervisor Pero then noted that two new bus drivers will be hired for the recreation program. They are Terri Strohmeyer and Doreen Chaplin. Councilman Kaczmarek motioned to approve the appointment, and was seconded by Councilman Clark. 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.
PLANNING AND ZONING MEMBERS SWITCH: Supervisor Pero read a letter from Ryan Bushnell, a current Planning Board member who because of his schedule, wishes to resign from the Planning Board and be appointed to the Zoning Board of Appeals. A second letter received from Jason Peters, a Zoning Board of Appeals member, who wishes to resign from the Zoning Board of Appeals to be appointed to the Planning Board. Supervisor Pero made the motion to approve the resignations, and re-appointments. 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.
RENEWAL OF BAN: Supervisor Pero advised the Town Board of the need to renew a ban in the amount of $39,000. The BAN of $52,000 will be paid down by $13,000 for a balance of $39,000 which will require renewal. Supervisor Pero stated he had negotiated a rate of 1.75% with Evans Bank. Attorney Trask responded that he will contact Bond Counsel. No vote was taken.
Summerfest: It was noted that the Brantfest figures will be available at the August meeting.
TOWN BOARD REPORTS:
Councilman Kaczmarek: He is working on the sign for the Park entrance. He may have the ability to have the base installed at no cost.
Councilman Clark: Received a compliment on the website.
Councilman DeCarlo: Nothing to report
Councilman Muffoletto: Nothing to report.
FLOOD PLAIN: Noted that upcoming work related to an area of town that floods, the work can be done and the Town will be reimbursed.
PAST GRANT WILL BE AWARDED TO TOWN: Supervisor Pero discovered the Town had never received payment for items they had requested in relation to the Energy Fair held in the Town in 2008. The Town had been awarded a grant of $2,500 to purchase a laptop and projector to be used to present the energy fair. The award was given under Jack Quinn’s term of office. It is being now considered for payment towards the new Park entrance sign being proposed.
PRIVILEGE OF THE FLOOR: No one spoke
Sales Tax is 6.6% higher than corresponding 2016 payment. Year to date is 4.47% above last year year’s to date.
Supervisor Pero read the abstract:
Abstract 7 of 2017
*Prepaid and unpaid as of 7/11/17 Total Claims $281,305.42
Gen Fund Town wide Vouchers Totaling: $90,146.15
Gen Fund – Part Town Voucher Totaling: $15,559.55
Highway T.W. Vouchers Totaling: $7,423.23
Highway P.T. Vouchers, Totaling: $46,052.59
Fire Protection: Vouchers: Totaling: $120,062.00
Street Lighting: Voucher Totaling: $2,062.52
H Capital Projects: Vouchers Totaling:
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 5/28/17 to 6/24/17 – Totaling $46,719.01
General Part Town Payroll 5/28/17 to 6/24/17 Totaling: $765.39
Highway Payroll TW 5/28/17 to 6/24/17 Totaling: $0
Highway Payroll PT 5/28/17 to 6/24/17 Totaling: $8,715.92
Councilman Muffoletto motioned to approve the abstract, seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
The Town Clerk then requested the Board approve a voucher that arrived after the abstract was closed. The Board is asked to approve the voucher as a prepay on Abstract 8. The abstract was as follows:
Allen Nolan Mileage for May and June $455.95
Councilman DeCarlo motioned to approve the voucher as a prepay on Abstract 8, seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
The next Town Board meeting will be August 8 at 7:00 PM.
At 8:00 PM, Supervisor Pero announced that the Board was going to enter executive session for personnel issues. He advised that no action will be taken after the executive session. He then asked for a moment of silence to be observed in memory of Clark Borngraber and Russ Battaglia who recently passed away.
At 8:01 Councilman DeCarlo motioned to enter executive session for personnel reasons, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
At 8:37 PM, Supervisor Pero motioned to close executive session, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
At 8:38 PM, Councilman Kaczmarek motioned to adjourn the meeting. Councilman Mark DeCarlo seconded the motion. 5 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Brant Town Clerk