This Regular Meeting of the Brant Town Board was held on Tuesday, October 10, 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
Mark DeCarlo Councilman
Barbara Daniel Town Clerk, Recording Secretary
William J Trask, Sr. Town Attorney
Donald Clark Councilman
ALSO PRESENT / SIGNED IN WERE:
Debra Ritz Resident
Joe Ostrowski Planning Board Chairman
Lynda Ostrowski Secretary to the Boards
Janet Bowman Assessor’s clerk
Donald Hepkins Chief of Police
Donna Marien Resident
Patty Friend Town Historian
Ron Kobel Resident
James LaMacchia Resident
Jason Abram National Fuel Land Dept.
Joseph Gardyjan ZBA member
Penny Boismenu Resident
Michael Boismenu Resident
James George Resident
The meeting opened at 7:00 PM with the pledge of allegiance.
Supervisor Pero acknowledged Mark Meyerhoffer, representative for Charter Cable. He also acknowledged Jason Abram and Timothy O’Neil, representatives of National Fuel Gas. He reminded those present that the Board must break at 7:30 for the CDBG Grant Public Hearing and again at 8:00 for the Cable Franchise public hearing.
MINUTE APPROVAL September 12, 2017 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the September 12, 2017 Regular Town Board meeting. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATION APPROVAL: Supervisor Pero presented the following budget modification:
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 the Erie County Sheriff’s Department.
General Fund Part Town (B)
Refuse & Garbage
Councilman Muffoletto motioned to approve budget modification #6 of 2017 as presented, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S/TAX COLLECTOR’S AUGUST 2017 FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s August 2017 Regular Financial Report, seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S AUGUST 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. 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S SEPTEMBER REPORT: CEO Gary Brecker presented his report for September. 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 Brant Angola Rd. He then invited Tim O’Neil and Jason Abram of National Fuel to inform the Board of the repair plans. The representatives explained the project will begin in the summer of 2018 and continue until October. It involves replacing 3 sections of 16 inch pipe on Milestrip and Brant Angola Roads. They explained the staging area will be located at the Jaworski property on Hammond Rd. Photos and drawings were presented to the Town Board for review. The project will require them to cross over a portion of Town property on Hardpan Rd, and a small corner section of the Brant Town Park.
The Town Attorney was unable to locate online the local law adopted in 2014. The Town Clerk went to her office and returned with a copy of the adopted law for his review. The Town Attorney, upon his review, noted that the Code Enforcement officer is authorized to issue a temporary Special Use Permit to set up the staging area for the project for utilities for six months.
CEO Brecker then stated he would like to give Mike and Penny Boismenu an option to come up and discuss their concerns about the short term rentals occurring at a neighboring home on Lotus Bay Estate Drive after the Planning Board has had an opportunity to review the issue.
Councilman DeCarlo then motioned to approve the Code Enforcement Officer’s report for September. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S SEPTEMBER 2017 REPORT: The September dog report will be tabled until the November meeting.POLICE REPORT SEPTEMBER 2017: The September 2017 police report was presented by Police Chief Donald Hepkins. Hepkins then read a letter which commended Officer Kevin Dalton for stopping a crime from occurring when he was suspicious about a vehicle and driver. Upon further investigation a crime was avoided. The letter will be placed in his employee file and a copy was given to each Board member. Councilman Muffoletto motioned to accept the report as read, seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
HIGHWAY SUPERINTENDENT’S SEPTEMBER REPORT: Liaison to the Highway, Councilman DeCarlo read the Highway report for September. Councilman DeCarlo motioned to approve the report as read, seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR SEPTEMBER: The Town Clerk’s monthly activity report for September was read by the Town Clerk. Councilman Muffoletto then motioned to approve the Town Clerk’s report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Board Secretary Lynda Ostrowski presented the Planning Board report for the meeting held on October 3rd. Councilman Muffoletto motioned to accept the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
At this time, Mike Boismenu was given the opportunity to address the Board with his concern regarding Short Term rentals occurring on Lotus Bay Estate Drive. He explained that a year ago, the Code Officer had researched the short term rentals and reported that short term rentals are the equivalent of “Lodging”. He went on to say that lodging is a non residential commercial function. He stated that they (Boismenu) had requested an update to that at the last Board meeting. He reminded the Board that the issue was then put in the hands of the Planning Board for review. He then noted that they had planned on attending the planning Board meeting to address their concerns, but they learned a position paper had already been drafted. He stated there was no discussion on their concerns to the Planning Board. He stated that attempted numerous times to interject with their concerns but they were not given the proper audience. Therefore, tonight, he would like to speak to the Board, and address those concerns.
Supervisor Pero then noted that it was 7:30 and time to open the Public Hearing. He stated that Mr. Boismenu can continue after the hearing. Mr. Boismenu then stated that he wanted the Board to know they did not request an amendment of an ordinance because there is no ordinance that regulates Lodging since it is not permitted. He then stated it is in Code 161-17 that commercial functions are not permitted in residential zones. He just wants the Town to enforce the code. He then added that they are not the only ones with this problem. There are other residents with the same issues.
At 7:30, Supervisor Pero noted it was time for the Community Development Block Grant Public Hearing. He asked the Town Clerk to read the Legal Notice:
Town Clerk Barbara Daniel read the Legal Notice which was published in the Dunkirk Observer on October 2, 2017:
TOWN OF BRANT
LEGAL NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a public hearing on Tuesday, October 10, 2017 at 7:30 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.
September 29, 2017
By order of the Brant Town Board
Barbara J. Daniel, Brant Town Clerk
Supervisor Pero then motioned to open the public hearing, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays, 1 absent. MOTION CARRIED.
Supervisor Pero expressed a need to upgrade the restrooms at the Senior Community Building located at the Park. The restrooms are currently one men’s, and one women’s, each with one toilet, resulting in lines at the restrooms. The addition of urinals would make the men’s restroom adequate for more than one person at a time. He then asked for audience suggestions. No one spoke.
Councilman Kaczmarek motioned to close the Public Hearing, and seconded by Councilman Muffoletto. 4 ayes, 0 nays, 1 absent. HEARING CLOSED.
At this time, Supervisor Pero read the following resolution and Councilman Muffoletto moved its adoption:
WHEREAS, following the Public Hearing of October 10, 2017 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 2018-19 grant cycle:
1st Priority - Town of Brant Senior Building Bathroom Expansion Project
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 $2,500 of the total project cost using a 25% cash and in-kind match from the Town’s CD5031 and CD1630.1 line items.
Seconded by Councilman DeCarlo and put to a roll call vote which resulted as follows:
Councilman Michael Muffoletto Aye
Councilman Mark DeCarlo Aye
Councilman Chad Kaczmarek Aye
Supervisor Leonard K Pero Aye AYES: 4 NOES: 0 Absent: 1
At this time, Supervisor Pero invited Mike Boismenu to continue to address the Board with his concerns about short term rentals in a residential zone.
In response to the Planning Board “position statement” wherein it was noted that Grand Island’s law didn’t pass, Mike made his statement: To avoid misinformation, he directly contacted the assistant Code Enforcement Officer for Grand Island and was told that Grand Island had a tourist housing ordinance in their residential code initially. Then they discovered people were coming in and purchasing the waterfront homes, modifying them and then using them for short term rentals. When residents started complaining to their Town Board, they decided to modify the code (now known as code rule 9) which was issued on September 22, 2015. Since Code Rule 9 in Grand Island, 12 of the 13 short term rental properties were discontinued due to this rule.
In response to the Planning Board “position statement” that the law would place an unnecessary hardship on the owners of these rental homes. He responded that the Board must consider the hardship the rentals place on the surrounding homes in the area of the rental.
Supervisor Pero asked Mike if he thinks the law should apply to the lake front cottages. Mike responded the law should be applied uniformly. He added that he is not the Code Officer who is the one to enforce the laws. He stated he didn’t know the answer, answering that the code officer would know when the law needs to be enforced.
Councilman Muffoletto questioned if the Town of Grand Island is still enforcing their rule number 9 even though the Supreme Court over ruled it. Mr. Boismenu responded that it was not overturned. Planning Board Chairman Ostrowski interjected that the Town of Grand Island has does have a local law 9 that has been overruled of NYS Supreme Court is being appealed by Grand Island. Mr. Boismenu urged the Brant Town Board to err on the conservative side and simply enforce our Town Code which prohibits a commercial operation in a residential area. Supervisor Pero responded that it must be determined if it is a commercial operation. Penny Boismenu then spoke requesting someone on the Board to contact Grand Island (773-9600) for clarification on the law in question. Councilman DeCarlo stated he will call.
Councilman Muffoletto asked how many times it has been rented. Penny answered 4 times in the past 2 years.
Alden Harwood of Lotus Bay Rd spoke: He stated that Lotus Bay Road is basically a driveway shared by 24 homes. He stated that when the home is rented short term, their private driveway is being taking the wear of the traffic. He added that they pay to maintain Lotus Bay and do not want high traffic associated with these short term rentals.
At this time, the Supervisor stated the issue will be tabled until a later meeting.
ZONING BOARD REPORT: Supervisor Pero asked if the ZBA Secretary had been sworn in yet. The Town Clerk confirmed she had not been. The Town Clerk will contact her to remind her to come and be sworn in.
RECREATION DIRECTOR’S REPORT: No report presented.
PARKS COMMISSIONER’S REPORT: No report presented.
TOWN HISTORIAN REPORT: Town Historian Patty Friend was not present. Her report for September report was read by Supervisor Pero. Councilman Kaczmarek motioned to approve the report as presented, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: Councilman Kaczmarek stated that Farnham had 13 EMS calls, 2 mutual aid to the Cattaraugus Reserv, 2 mututal aid to North Collins, 2 mutual aid to Lake Erie Beach, there was a mass casualty at the Evangola State Park when runners were overcome with the high heat index. There were also 5 community stand bys. Supervisor Pero motioned to approve the report as presented, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.SENIOR'S REPORT: The Senior’s report for October was read by Secretary Lynda Ostrowski. The Senior Christmas party will be held December 10th at the Colony House. Councilman DeCarlo motioned to approve the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
Mark Meyerhoffer spoke on behalf of Charter Cable: Mark Meyerhoffer introduced himself as the government representative for Charter Communications, otherwise known as Spectrum. He will be able to answer questions during the public hearing for the renewal of the Franchise agreement that is set to expire on December 15. He then thanked Supervisor Pero for reaching out to him and the company’s executives to let them know of the need for cable in the Town of Brant.
At 8:00 Supervisor Pero announced that it was time to open the public hearing regarding the Charter Communications Franchise agreement. He instructed the Town Clerk to read the legal notice.
Town Clerk Barbara Daniel read the Legal Notice which was published in the Dunkirk Observer on October 2, 2017:
NOTICE OF PUBLIC HEARING
Charter Communications Franchise Renewal
Town of Brant
PLEASE TAKE NOTICE that the Town of Brant will hold a Public Hearing on October 10, 2017, at 8:00 p.m. at the Brant Town Hall, 1272 Brant-North Collins Rd, Brant, New York regarding renewal of the cable television franchise agreement by and between the Town of Brant and Charter Communications.
A copy of the agreement is available for public inspection during normal business hours at the Clerk’s Office, 1272 Brant-North Collins Rd., Brant, New York. At such public hearing, all persons will be given an opportunity to be heard. Written and oral statements will be taken at that time. Time limitations may be imposed for each oral statement, if necessary.
Date: September 29, 2017 By Order of the Brant Town of Brant
Barbara J. Daniel, Town of Brant Clerk
At 8:00 PM, Supervisor Pero motioned to open the public hearing, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.
DISCUSSION: Supervisor Pero addressed the reason for the Public Hearing stating this new agreement is an extension of the previous Franchise Agreement. The main difference is that the old agreement paid the Town 3%, and the new agreement will pay the Town 5%.
The Franchise Agreement sets forth the Cable Companies obligation to service the existing customer’s area. There is no requirement or obligation on the part of the Cable Company to extend that area. Is there an addendum to the Agreement that can be added that sets forth the procedure for petitioning for an increase in service area during the fifteen (15) year term of the Agreement.
Mark Meyerhoffer responded that they can add language that sets a requirement for regular schedule to meet with Town Officials to discuss areas of need in the Town for future expansion. This will provide a continuing line of communication.
At 8:04 PM, when no further discussion occurred, Councilman Muffoletto motioned to close the Public Hearing, seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
The subject of Cable Franchise Agreement renewal will be placed on Old Business for the November meeting to allow time for the addition of the requested language.
Acknowledgement of invited guests and Presenters: At this time, Police Chief Donald Hepkins approached the bench and requested the Town Board come down from the bench. He then presented Supervisor Pero a retirement badge and I.D. for Supervisor /Police Commissioner Leonard K. Pero on behalf of the Town Board and himself. He thanked Supervisor Pero for his dedication to the improvement of the Police Department. Supervisor Pero was surprised about the presentation and thanked the Board members and Police Chief for the honor.
BUILDING PERMIT CHANGES: Planning Board Chairman Ostrowski announced they will make recommended changes that have been applied to the Building permit at the November meeting.
$2,500 MEMBER ITEM GRANT: Councilman Kaczmarek still working on quotes for the proposed Park entrance sign.
EMPLOYEE HANDBOOK UPDATES NEEDED: Supervisor Pero noted that per a recent Comp audit, the Town must adopt a policy to cover Blood borne pathogen and Hazmat. He also announced that every employee of the Town of Brant MUST attend the Comp training, no matter what their position is. From Seasonal to full time employees. Failure to have any employee trained could result in a $50/per day, per each comp topic per employee. Those who have not taken the training must do so as soon as possible. Those who have had the training at another job may use the certificate they received from that location as proof of attending the necessary training. He mentioned that a couple of employees who attended the meeting on September 27 left early, and will therefore need to make up the subjects they missed. The training will be rescheduled for those who missed the training on September 27.
STEEL MAN DOOR AND FIREPROOF CABINET FOR HIGHWAY GARAGE: The Board reviewed a quote from ZOOM, Inc for a steel man door and a steel fireproof cabinet in the amount of $1,977.00. Councilman Muffoletto stated he will look into quotes because he looked into one of the items and found it cheaper.
BUDGET WORKSHOP SCHEDULED FOR OCTOBER 11, 2017: Supervisor Pero announced that a budget workshop is scheduled for the next day (October 11) for 6:30 PM in the Town Hall Conference room.
SET PUBLIC HEARING TO ADOPT 2018 BUDGET: Supervisor Pero motioned to set the public hearing for the adoption of the 2018 Budget for 8:00 PM on November 14, 2017. Councilman Kaczmarek seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
SET PUBLIC HEARING TO CONSIDER THE ADOPTION OF LOCAL LAW TO OVERRIDE THE TAX CAP: Supervisor Pero motioned to set the public hearing to consider the adoption of a local law that would allow the Town Board to override the Tax Cap imposed regarding the adoption of the 2018 budget. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
APPROVAL TO PURCHASE 2017 POLICE CAR: Supervisor Pero notified the Town Board that they must ratify the approval to purchase a 2017 Police car from DeLacy Ford in the amount of $28,240.80. Councilman Kaczmarek motioned to approve the purchase, and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
RESOLUTION FOR COURT JCAP GRANT:
The following resolution was offered by Councilman Chad Kaczmarek of the Town of Brant, who moved its adoption:
WHEREAS: The Justice Court Assistance Program was established by the New York State Legislature as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts;
WHEREAS: The maximum JCAP grant is $30,000 and there are no matching funds required by this application;
WHEREAS: The grant may be used for a variety of purposes, including but not limited to the acquisition of the following high need security items as requested by the Brant Justice Court Office in order of priority:
Purchase and installation of a bullet-resistant speak-through pay window for Justice Court Office; and,
Video Surveillance Camera System.
WHEREAS: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 12, 2017 deadline;
Now Be It Resolved: That the Brant Town Board does hereby authorize the Supervisor and Town Justice to prepare, sign and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract;
NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM
Resolution was seconded by Councilman Muffoletto and duly put a vote, as follows:
Councilman Chad Kaczmarek Aye
Councilman Michael Muffoletto Aye
Councilman Mark DeCarlo Aye
Supervisor Leonard K Pero Aye
Councilman Donald Clark Absent
Resolution adopted Ayes: 4 Noes: 0 Absent: 1
Summerfest: No report presented
TOWN BOARD REPORTS:
Councilman Kaczmarek: Noted the October 27 football playoffs to be held at the Brant Town Park. He requested the Town provide assistance of Allen Nolan and his help to assist in the parking of the attendees as they are expecting a large crowd.
Supervisor Pero motioned to allow Lake Shore Youth Football to use Allen Nolan and his employees to assist in the parking of cars at the Town Park for the game, at the Town’s expense. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
Councilman Kaczmarek also requested a police car be present at the park.
Received a quote of $5,600 for concrete work to be done by Todd Jaworski, with Town help.
Councilman Clark: Nothing to report
Councilman DeCarlo: Nothing to report
Councilman Muffoletto: Nothing to report
Worked on the Comp audit
Reminded the Board that Joseph Ostrowski is going to attend the SCEC (Southtowns Community Enhancement Coalition) meeting.
ABSTRACT 10 APPROVAL:
Supervisor Pero read the abstract:
Abstract 10 of 2017
*Prepaid and unpaid as of 10/10/17 Total Claims $80,394.39
Gen Fund Town wide Vouchers Totaling: $63,915.88
Gen Fund – Part Town Voucher Totaling: $7,940.00
Highway T.W. Vouchers Totaling: $5,885.67
Highway P.T. Vouchers, Totaling: $328.22
Fire Protection: Vouchers: Totaling:
Street Lighting: Voucher Totaling: $2,324.62
H Capital Projects: Vouchers Totaling: $0
Lotus Bay Sewer Dist. 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers Totaling: $
Brant Water Dist 1: Voucher: Totaling
Special Grant Fund: Totaling: $0
PAYROLL (2 payrolls):
General Town Wide Payroll 8/27/17 to 9/30/17 – Totaling $65,243.56
General Part Town Payroll 8/27/17 to 9/30/17 Totaling: $997.92
Highway Payroll TW 8/27/17 to 9/30/17 17 Totaling: $0
Highway Payroll PT 8/27/17 to 9/30/17 Totaling: $13,257.14
Councilman DeCarlo motioned to approve Abstract 10, seconded by Councilman Muffoletto. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
The next Town Board meeting will be November 14 at 7:00 PM.
At 8:20 PM, Supervisor Pero asked for a moment of silence for the victims of the Las Vegas shooting while he motioned to adjourn the meeting. The entire Board seconded the motion. 4 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Brant Town Clerk