This Regular Meeting of the Brant Town Board was held on Tuesday, September 12, 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:
John Mill Erie County Legislator #11
Brian Rott Resident
Debra Ritz Resident
Angela Joy Deputy Town Clerk, Supv Sec., Planning Board member
Joseph Giambrone Highway Superintendant
Joe Ostrowski Planning Board Chairman
Janet Bowman Assessor’s clerk
Donald Hepkins Chief of Police
Kathleen Chiavetta Resident
Joseph Gardyjan Resident
Frank Broughton ZBA Chairman
Penny Boismenu Resident
Michael Boismenu Resident
James George Resident
The meeting opened at 7:00 PM with the pledge of allegiance.
Supervisor Pero invited Legislator John Mills to speak. A few of the items he discussed were
Erie County is holding the line on any tax increases.
Erie County has a new Commissioner of DPW
Reminded those present about the Yellow Dot Program
Addressed the new “Hot Spot Fishing Guide”
Resident Mike Boismenu asked if there were any plans to widen Old Lake Shore Road enough for a bike path. Mills responded yes, but they are currently working on drainage issues. Supervisor Pero thanked the Legislator for recent road work in Brant. In response, Legislator Mills thanked Supervisor Pero for helping him when he became Legislator.
MINUTE APPROVAL August 8, 2017 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the August 8, 2017 Regular Town Board meeting. Councilman DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
Budget Modification #5 as of:
August 31, 2017
Please make a resolution at the regular Town Board meeting on Tuesday October 10th 2017 to approve the following Budget Modification(s) to the 2017 Adopted Budget for the following Fund(s):
General Fund Townwide (A)
Police (Officers, Guards)
Police - Court Bailif
Federal Aid Crime Control
This budget modification is to increase revenue & expenditures for a plate reader Federal Grant administered
through Erie County Sheriffs Department.
General Fund Part Town (B)
Refuse & Garbage
Councilman Clark motioned to approve budget modification #5 of 2017 as presented, 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.
TOWN CLERK’S/TAX COLLECTOR’S JULY 2017 FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s July 2017 Regular Financial Report, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S JULY 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 DeCarlo. It was noted that this month’s report from Judge Borngraber’s will be his final. 5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S AUGUST REPORT: CEO Gary Brecker presented his report for August. He advised the Board that National Fuel will being replacing gas lines that run through the Town Park. He issued the Special Use permit for the project, and noted that they will cross Milestrip and Route 249.
He then advised the Board that the Health Department now requires Certificates of Occupancy from the Building Inspector for Migrant camps.Officer Brecker then invited resident Mike Boismenu of Lotus Bay Estate Drive to speak to the Board. Mr. Boismenu is seeking the Town to create and adopt legislation that would regulate short term recreational rentals of homes along the Lake Shore. Mr. Boismenu reiterated his previously addressed concerns about short term rental of private property along the Lake Shore. He stated that these short term rentals are disturbing the peace and tranquility of the neighborhood. He noted that Grand Island had created a law that barred short term rentals of property. Penny Boismenu stated that the short term rental then becomes a tourist rental. Councilman Clark asked Mr. Boismenu what he would like to see happen. Mike responded he just wants the peace and tranquility of their property maintained.
Attorney Trask recommended the Town Board direct the Planning Board to review and research the issue taking into account any laws passed by other municipalities. Supervisor Pero then motioned to direct the Planning Board to review and research the issue. Councilman DeCarlo motion. 5 ayes, 0 nays. Motion carried.
Councilman Clark then advised the Code Officer of a free three hour Hazmat training course. When the date has been set, he will contact Gary Brecker to attend.
Councilman Kaczmarek then motioned to approve the Code Enforcement Officer’s report for August. Councilman DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S JULY AND AUGUST 2017 REPORTS: The Dog Control Officer presented her July & August dog reports. The report also contained the year to date impound and kennel fee amounts. Councilman Muffoletto motioned to approve the July and August reports as read. Councilman DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT AUGUST 2017: The August 2017 police report was presented by Police Chief Donald Hepkins. Councilman Clark motioned to accept the report as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
REQUEST TO PURCHASE USED 2005 POLICE CAR: Police Chief Donald Hepkins requested the Board to approve the purchase of a 2005 Police Car from Gernatt Asphalt Products. He advised the car has a police package. The price is $2,900.00. Chief added that the car would replace the vehicle that was totaled in an accident in June. The Town had received a check from the insurance company in the amount of $2,200. That can be applied to offset the purchase. He stated that the insurance company would assist with the cost to move the equipment from the totaled car to this one. Supervisor Pero motioned to approve the purchase, and was 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.
Police Chief Hepkins then stated that the check to reimburse the Town for the plate reader should arrive soon. Supervisor Pero then advised his secretary to look into the paperwork for the new Ford Explorer. He stated that he received a call from Delacy for advising that they had not received the paperwork yet. Secretary Angela Joy responded that the paperwork was faxed, and then refaxed. She will seek an alternate way to get it to them.
HIGHWAY SUPERINTENDENT’S AUGUST REPORT: Liaison to the Highway, Councilman DeCarlo read the Highway report for August. Councilman Muffoletto motioned to approve the report as read, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
Highway Superintendant Giambrone notified the Town Board of damage done to the shoulders of Ellis and Morley Roads by Phillips Farm. He stated the repairs will cost the Town about $4,000.00 and asked if the Town can bill him if he does anymore damage. The damage happens when they pull to the side of the road. Supervisor Pero responded that was a question for the Town Attorney to research.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR AUGUST: The Town Clerk’s monthly activity report for August was read by the Town Clerk. During her report, she regretfully accepted the resignation of Deputy Clerk Mark Trask whose prior employment required more hours, making him unavailable for the hours he is needed in the Town Clerk’s Office. Mark provided and fulfilled a two week notice to the Town Clerk’s office. To fill the absence left my Mark Trask, the Town Clerk requested the Board approve the appointment of Sandra Austin, a retired US Postmaster. Supervisor Pero motioned to approve the appointment, and was 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.
Supervisor Pero then motioned to approve the Town Clerk’s report as read, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Councilman Muffoletto resented the Planning Board report for the meeting held on September 1st. Councilman Clark motioned to accept the report as read, and was seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: The Zoning Board report was read by Councilman Clark. Prior to approving the report, Councilman Muffoletto reminded the Board that the official appointment of Carol Broughton as Secretary to the Zoning Board has not been done yet.
Motion was made by Councilman Muffoletto to approve the appointment of Carol Broughton as Secretary to the Zoning Board of Appeals. 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.
Presentation and approval of the Zoning Board report was resumed: The Zoning Board report covered the variance applications of the Mariens of 980 Brant Farnham Rd. The area variance application was approve on July 20, 2017. Councilman Muffoletto motioned to approve the report as read, seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
RECREATION DIRECTOR’S REPORT: No report presented. Councilman Kaczmarek noted that based on his review of some of the recreation receipts, a few things were in need of discussion regarding Recreation for next year.
PARKS COMMISSIONER’S REPORT: Councilman Kaczmarek presented, but did not read a multiple page report submitted by Parks Commissioner Allen Nolan for the month of August. The report is available for anyone wishing to read it. One of the items noted was a new electric line underground, rather than overhead. The Parks commissioner presented the Board with an inventory list of items belonging to the Parks department.
TOWN HISTORIAN REPORT: Town Historian Patty Friend was not present. Her report for August 16 meeting was read by Supervisor Pero. 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 noted that he had no report for Brant. He then read the report from the Farnham Fire Company. He mentioned again the upcoming free hazmat training, and the date will be made known later. He also announced Brant Fire Department is hosting a spaghetti dinner on November 5th.
SENIOR’S REPORT: The Senior’s report for September was read by Councilman Muffoletto. Next meeting will be held December 10th. Supervisor Pero motioned to approve the report as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.
ENHANCED CANCER CARE BENEFITS BILL: Supervisor Pero noted that Village Mayor Jere Hoisington was scheduled to speak regarding the states proposed “Enhanced Cancer Benefit Bill” being presented by the State which would cover Firemen with additional cancer health care. He added that the Mayor was going to explain how the additional cost for the unfunded State mandate would hurt Municipalities.
BUILDING PERMIT CHANGES: Planning Board Chairman Ostrowski announced that the Town Attorney, ZBA, Planning Board, and Code Officer now have a copy of the final draft of the proposed new building permit application. It will be presented at the October Town Board meeting.
$2,500 MEMBER ITEM GRANT: Councilman Kaczmarek will have a cost review available for the October meeting. The Town’s plan is to use the unspent grant money for the park entrance sign.
PLATE READER: Has been paid for, and delivered.
Supervisor Pero then read the Public Notice from Erie County Environment and Planning as required:
Per New York State Agriculture and Markets Law Section 303-b, the Erie County Legislature designated September 1 through September 30 as the annual thirty-day period during which landowners may submit requests to include predominantly viable agricultural land into an existing certified agricultural district.
Copies of the application form have been provided to Municipal Clerks, Assessors, and Chief Elected Officials for distribution to interested landowners. The application is also available on the DEP website at www.erie.gov/environment.
The Erie County Department of Environment and Planning will accept applications from September 1 through September 30. Any questions on this process should be directed to the Erie County Department of Environment and Planning.
A public hearing will also be scheduled at a later date to consider all inclusion requests and the recommendations of the Erie County Agricultural and Farmland Protection Board.
Anyone wishing to have answers to questions may contact this agency at (716) 858-1911 or by email at email@example.com.
Forms are available in the Town Clerk’s Office.
TOWN REQUIRED TO CREATE A SAFETY COMMITTEE: Supervisor Pero advised the Board that during a recent Comp Alliance audit, he was notified that the Town must create a 3 member safety committee to do regular annual safety inspections of Town facilities to limit safety issues. The members shall be Allen Nolan, Gary Brecker, and Butch Kijek. Supervisor Pero motioned to approve the committee members, seconded by Councilman DeCarlo. 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. MOTION CARRIED.
MANDATORY COMP ALLIANCE TRAINING AT TOWN HALL SEPTEMBER 27 1 PM TO 4 PM: Supervisor Pero announced that all Town employees must attend a mandatory training class presented by Comp Alliance.
UPDATES REQUIRED FOR EMPLOYEE HANDBOOK: Following a recent Comp meeting, it was noted that the employee handbook must be updated to include the following: Blood Borne pathogens, wearing of gloves, 911, Mowing procedures, mileage, wearing of vests by highway personnel. Supervisor Pero requested Councilman DeCarlo review the existing handbook and make recommendations for the changes noted.
COMP ORDERED ITEMS NEEDED FOR HIGHWAY GARAGE: Supervisor Pero noted the items needed to bring the highway garage into compliance with Comp. The items were the installation of a steel man door, and the purchase of a steel box to contain flammables. Allen Nolan is looking into estimates, and Councilman DeCarlo will assist with getting quotes for the man door.
APPROVAL TO PURCHASE NEW AND RECAPPED TIRES FOR HIGHWAY TRUCKS: Councilman DeCarlo noted that quotes were received for the purchase of one new set and one recapped set of tires for two highway trucks. The new set will be for the Kenworth. The recapped set will be for the 1995 International. The total approved amount is $2,600.00. Councilman Muffoletto motioned to approve the purchase in the amount of $2,600.0 and he was seconded by Councilman Clark. 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.
SET PUBLIC HEARING CABLE FRANCHISE: Supervisor Pero motioned to set the public hearing to review the renewal of the Cable Franchise with Charter Communications for October 10th at 8:00 PM. 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. MOTION CARRIED.
Supervisor Pero announced that he spoke with Mark Meyerhoffer at Charter Communications about the roads that will be covered in the cable installation. He noted Versailles Plank, Morley to Ellis, Ellis to Morley, Hardpan, Milestrip to almost west of Hammond, and Milestrip past Morley. He was told that by the end of 2019, the entire will have cable.
SET PUBLIC HEARING FOR CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT): Supervisor Pero motioned to set the Public hearing for October 10th at 7:30 PM. Councilman Kaczmarek seconded the motion. 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.
APPROVAL OF TWO HIGHWAY LABORERS: Supervisor Pero motioned to approve the hiring of Andrew Radwan and Cameron Hobson as part-time laborers at a rate of $12.00 per hour. Councilman Kaczmarek seconded the motion. 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.
Summerfest: Councilman Muffoletto noted they are waiting for the final totals of checks, and money spent. The Brantfest figures will be available at the September meeting.
TOWN BOARD REPORTS:
Councilman Kaczmarek: Nothing to report.
Councilman Clark: Nothing to report
Councilman DeCarlo: Nothing to report
Councilman Muffoletto: Nothing more than he already reported
SOUTHTOWNS COMMUNITY ENHANCEMENT COALITION LIAISON: Supervisor Pero requested the Town Board approve Joe Ostrowski as Liaison to the Southtowns Community Enhancement Coalition for the remaining 2017 bi-monthly Meetings (next mtg 10/9/17). This can be continued into 2018 if the Board chooses in January. Supervisor Pero then made the motion, seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.
ACKNOWLEDGEMENT OF REDUCTION IN MANDATE COSTS: Supervisor Pero mentioned that he was appreciative of the work done by Senator Jabobs & Gallivan & Assemblyman DiPietro in reducing the cost of Comp Insurance and Medicaid by 4% which are New York State mandates.
SHARED SERVICES VOTE: Supervisor Pero noted that a vote took place on September 5th regarding the Shared Services recommendations presented by local Towns. The next vote will be conducted in October by the Erie County Legislature.
PRIVILEGE OF THE FLOOR:
Penny Boismenu of 3 Lotus Bay Estate Rd:
Stated she was told by the CEO that it is not the policy of the Town of Brant to enforce code violations occurring on private property. She explained her concern is a construction vehicle parked on private property that is a real eyesore.
Attorney Trask responded the Town does not regulate the parking of commercial vehicles on private property. Penny added they are unregistered. Trask stated that the CEO would have to look to see if there are laws on the books that regulate that.
Don Hepkins, Police Chief:
Stated he forgot to ask the status on the repairs needed to the front steps. Councilman Kaczmarek responded that he is waiting for an estimate from Todd. Supervisor Pero urged them to get it done.
Letter from Visiting Nurses Association: The letter informed the Town that they will no longer provide flu vaccinations. The program has been discontinued.
Sales Tax is 1.25% higher than the corresponding September 2016 payment. Year to date is 2.697% above last year’s year-to-date.
HEAP applications are now open. Those receiving SNAP benefits can have their information submitted for their application. Other important dates are November 13, and the emergency assistance with heat opens January 2nd. Income guidelines are available from the Supervisor’s office.
Supervisor Pero stated that there was an article in Buffalo First stating that Lake Shore Hospital is laying off approximately 40 healthcare workers in the nursing home and Medical Surgical Units in Irving.
Letter from the Grant Writer reminding the Town to ensure that it’s Fair Housing office (Michele Hy). Supervisor Pero then noted that he spoke with
Angola library fundraiser: The Angola Public Library Board of Trustees will host their annual Harvest Dinner Buffet and Basket Auction on Saturday, October 28 at the Evans Center Firehall. The event starts at 6 PM. Pre-sale tickets are available at the library or Angola Village Hall for $20.00.Strykersville Volunteer Fire Company Rescue Squad is asking the Brant Town Board to submit a letter of support for their certification. They are being requested by the NYS Department of Health to obtain a certificate of need for a small area in the Town of Holland and a small area in the Town of Bennington. They have been providing their service since the 1970’s but a recent review determined they need a certificate of need. They are asking for letters of support from other municipalities. Supervisor motioned to approve the Letter of Support, seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.
Comp Alliance is holding a seminar on September 18th where they will teach different things about insurance.
Vacant and Abandoned properties: meeting being held on September 20th at the Center of Tomorrow University at Buffalo North Campus to discuss new legislation.
Supervisor Pero presented each Board member with his tentative budget. He noted that he created with the upcoming minimum wage increasing next year from $9.70/hr. to $10.40/hr. next year. He stated that no wage increases were given in this budget which allowed him to make his eleventh year in a row of 0% or less of a budget increase. He added that he is leaving it to the new Board to do what they need to do. He stated he will work with Mark to show him what he has to do, but as it has been handed over, it is a 0% increase. The Board will have time to review it, and wait until the October meeting to set up a budget workshop.
Supervisor Pero read the abstract:
Abstract 9 of 2017
*Prepaid and unpaid as of 9/12/17 Total Claims $222,499.72
Gen Fund Town wide Vouchers Totaling: $30,077.89
Gen Fund – Part Town Voucher Totaling: $8,075.93
Highway T.W. Vouchers Totaling: $4,598.95
Highway P.T. Vouchers, Totaling: $977.53
Fire Protection: Vouchers: Totaling: $176,575.00
Street Lighting: Voucher Totaling: $2,194.42
H Capital Projects: Vouchers Totaling: $0
Lotus Bay Sewer Dist. 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers Totaling: $36.98
Brant Water Dist 1: Voucher: Totaling
Special Grant Fund: Totaling: $0
PAYROLL (2 payrolls):
General Town Wide Payroll 7/30/17 to 8/26/17 – Totaling $73,837.94
General Part Town Payroll 7/30/17 to 8/26/17 Totaling: $665.28
Highway Payroll TW 7/30/17 to 8/26/17 Totaling: $0
Highway Payroll PT 7/30/17 to 8/26/17 Totaling: $9,835.28
Councilman Kaczmarek motioned to approve Abstract 9, seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.
The next Town Board meeting will be October 10 at 7:00 PM.
At 8:44 PM, Supervisor Pero asked for a moment of silence for the recently deceased Helen Catalano while he motioned to adjourn the meeting. The entire Board seconded the motion. 5 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Brant Town Clerk