The Regular Meeting of the Brant Town Board was held on Tuesday, October 9, 2012 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.
PRESENT WERE:
Leonard K. Pero Supervisor
Donald Clark Councilman
Clark Borngraber Councilman
Chad Kaczmarek Councilman
William Trask, Sr. Town Attorney
Barbara J Daniel Town Clerk, Recording Secretary
Jeffrey Gier Councilman, Absent
ALSO PRESENT AND SIGNED IN WERE:
Lynda Ostrowski Secretary to the Boards
Charles Arrigo Highway Laborer
Donald Hepkins Police Chief
Brian Campbell Reporter for the SUN
Ronald Kobel resident
Brian Rott resident
Debra Ritz resident
Lee Brunelli resident
Kathryn Halloran student from Immaculata Academy
Mary Rose Ricotta student from Immaculata Academy
Janice Ross resident
Diane Czyz Deputy Town Clerk
Joe Giambrone Highway Superintendent
The meeting opened at 7:30 PM with a Pledge to the Flag.
MINUTE APPROVAL:
A Motion was made by Councilman Borngraber, and seconded by Councilman Clark to accept the minutes of the September 11, 2012 Regular Town Board Mtg. 4 ayes, 0 nays. MOTION CARRIED.
MONTHLY REPORTS:
SUPERVISOR?S FINANCIAL REPORT & BUDGET MODIFICATION:
Councilman Kaczmarek moved and was seconded by Councilman Borngraber, to accept the Supervisor?s August, 2012 Financial Report. 4 ayes, 0 nays. MOTION CARRIED
TOWN CLERK?S REGULAR FINANCIAL REPORT AS PRESENTED:
No Report presented.
COURT CLERK?S FINANCIAL REPORT:
Councilman Clark moved to accept the Court Clerk?s August, 2012 Financial Report for Justice Gugino and Justice Crouse. Councilman Kaczmarek seconded the motion. 4 ayes, 0 nays. MOTION CARRED.
CODE ENFORCEMENT OFFICER?S REPORT:
Code Enforcement Officer Gary Brecker presented the September Report. Councilman Clark questioned the Radio Tower Driveway. CEO Gary Brecker said it was going along good but a fence still has to be put in around the wires. A Motion was made by Councilman Borngraber and seconded by Councilman Kaczmarek to accept the report as presented. 4 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER?S REPORT
The September Dog Control Officer?s report was read by Dog Control Officer Barbara Daniel. She mentioned that the dog doors for the kennel have been ordered, heating pads will be put on the floor. Supervisor Pero asked how many dogs have been euthanized so far this year and the answer was none. Since the beginning of the year 20 dogs have been adopted out or redeemed. Councilman Clark moved to accept the Dog Control Officer?s September report. The motion was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT:
Supervisor Pero moved to accept the September 2012 Police report as presented by Police Chief Donald Hepkins. It was seconded by Councilman Borngraber. Chief Hepkins spoke about Town ID cards and a motion was made by Councilman Kaczmarek and seconded by Councilman Borngraber for Police Chief Hepkins to purchase the ID?s with Lindstar. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK?S REPORT TO THE BOARD:
Councilman Clark moved to accept the Town Clerk?s September, 2012 Monthly Activity Report to the Board. Supervisor Pero seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT:
The September Planning Board report was read by Secretary Linda Ostrowski. A motion was made by Councilman Borngraber and seconded by Councilman Kaczmarek to accept the September Planning Board Report as read. Motion carried. 4 ayes, o nays. MOTION CARRIED
RECREATION DIRECTOR?S REPORT:
No Report. Supervisor Pero stated that the season ended and it was a good year. Now the concentration is on the winter program.
PARKS COMMISSIONER?S REPORT:
Supervisor Pero stated that in the flower garden in the park the tops of the ragweed were cut down so the flowers would have a better chance of growing. The pool will be closed up for the season this week. The north side of the fence of the tennis court was painted. Painting around the pool is finished.
Town Historian Report:
No Report.
Fire Department Reports
No Report. Councilman Clark announced that the Brant Fire Department won the Softball Championship against North Collins. There was a large amount of people supporting them and next year Brant will host the championship.
Brant Farnham Senior?s report :
Councilman Borngraber read the Senior?s report. He noted dates of trips being held in the future.
A motion was made by Supervisor Pero, seconded by Councilman Clark to accept the Brant Farnham Senior Report as read. MOTION CARRIED.
8:00 PM Public Hearing: Ground Water Impact Law
A Motion was made by Supervisor Pero, seconded by Councilman Borngraber to open the Public Hearing at 8:00PM regarding the Ground Water Impact Law. Motion Carried
The Town Clerk read the Public Notices. A discussion followed. Attorney Trask suggested no action be taken at this time. A Motion was made by Supervisor Pero and seconded by Councilman Kaczmarek to table until next meeting under Old Business. Motion Carried.
Code Enforcement Officer Gary Brecker received a new Green Code. He suggested to the Board that they should adopt it. No action taken at this time. A Motion was made by Councilman Borngraber and seconded by Supervisor Pero to close the public hearing at 8:07 PM. Motion Carried . 4 ayes, 0 nays.
8:15 PM Community Development Block Grant
A Motion was made by Supervisor Pero, seconded by Councilman Borngraber to open the Public Hearing at 8:15PM on the Community Development Block Grant. Motion Carried.
The projects presented for consideration were:
At a Meeting of the Town of Brant Town Board held on Tuesday, October 9th, 2012, The Town Board authorized Leonard K. Pero, Town of Brant Supervisor to sign, submit and execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for the Following projects upon approval of ECCDBG:
1) Handicapped Accessible Improvements to the Brant Town Facilities providing 25% match using the budget lines A7110.2 and A1621.2.
2) Rural Transit Funding Support
A Motion was made by Councilman Borngraber and seconded by Councilman Clark to adopt the above resolution. Roll Call Vote: Supervisor Pero, aye
Councilman Borngraber, aye
Councilman Clark, aye
Councilman Kaczmarek, aye
Councilman Gier, absent
Resolution Carried.
A Motion was made by Supervisor Pero, seconded by Councilman Clark to close the Public Hearing at 8:27 PM. Motion Carried.
OLD BUSINESS:
Park Building Roofs ? Tabled
Traveling Food Pantry ? It is on the 3rd Wednesday of every month at the Recreation Building in the Brant Town Park. This month it is October 17, 2012.
School Tax Collection ? Attorney William Trask said that an agreement would have to be made between the Brant Town Board, Lake Shore Central School and the Town Clerk.
Lotus Point Road Meeting ? Supervisor Pero stated that the residents on Lotus Point road do not have National Fuel Gas. Randy NNotarnicola spoke with Ed Dominico at National Fuel Gas and the residents about the possibility of receiving their gas from them. There is gas on Old Lakeshore Road and Route 5. If they would open up the possibility of having National Fuel through the whole town, possibly the town could lay the pipe. A meeting will be held on October 10, 2012 for the residents and National Fuel to discuss the possibilities.
Football Field Lights: Councilman Kaczmarek reported the Lights are up and running. A fence is needed for around the Transformer.
Park building roofs:
Councilman Gier to look into pricing for the roof work. Recreation porch roof needs to be done first.
Water Project: Supervisor Pero will conduct a survey in the area to determine the level of interest. There has to be enough volume and quality of water to continue and after all this has been considered the engineers will draw up a map and a plan.
Post Office: There will be a meeting on November 8, 2012 from 5-6:30 PM at the Brant Community Bldg. which is open to the public to discuss the possible closing of the Brant Post Office.
New Business
There will be a meeting on Thursday, October 11, 2012 at the Brant Town Hall in the conference Room starting at 6:30 PM with the individual Department Heads to discuss the budget.
Supervisor Pero read the Following Public Notice:
30-Day Period for Inclusion of
Predominantly Viable Agricultural Lands
Into Existing Agricultural Districts
Per New York State Agriculture and Markets Law Section 303-b, the Erie County Legislature designated November 1 through November 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 [url=http://www.erie.gov/environment]www.erie.gov/environment[/url]
The Erie County Department of Environment and Planning will accept applications from November 1 through November 30. Any questions on this process should be directed to the Erie County Department of Environment and Planning.
A hearing on the submitted applications for inclusion will be held on December 5, 2012 at Clarence Town Hall, 1 Town Place, Clarence, NY 14031 at 7:00 PM.
Copies of the Request Form are Available at the Brant Town Hall Clerk?s Office.
Public Water Service- Supervisor Pero requested a motion to be made to allow the Supervisor?s office to register new water customers and to pass out meters. The Village would then be notified of the new customers. Attorney Trask questioned the probability of this being an amendment to the Water Contract. He will look into. A Motion was made by Councilman Borngraber, seconded by Councilman Clark to allow the Supervisor?s office to register new water customers. A Roll Call vote was taken: Councilman Borngraber-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, and Supervisor Pero-aye. 4 ayes, o nays. Motion Carried
Solid Waste Contract- A Motion was made by Councilman Clark, seconded by Councilman Kaczmarek to authorize the Town Clerk to send out an RFP for the Solid Waste Contract. Also to set the Bid Opening date for December 4, 2012 at 1:00 PM. Attorney Trask said to look into the number of Households that are included and if it provides for an extension. A Roll Call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Borngraber-aye, and Supervisor Pero-aye. 4 ayes, 0 nays. Motion carried
Set Public Hearing Budget: A motion was made by Councilman Borngraber, seconded by Supervisor Pero to set the public hearing on the 2013 Town Budget for November 13, 2012 at 8:00 PM. Motion Carried. Roll Call Vote:
4ayes, 0nayes.
Set Public Hearing Fire/Ambulance Contracts: A motion was made by Councilman Clark, seconded by Councilman Kaczmarek to set the public hearing on the Brant Fire and Ambulance Contracts for November 13, 2012 at 8:20 pm.
A Roll Call Vote was taken: Councilman Borngraber-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4ayes, 0 nays. Motion carried.
Set 2% Tax Cap Hearing ? A Motion was made by Councilman Clark, seconded by Councilman Kaczmarek to set the Public Hearing for November 13, 2012 at 8:30 PM. A Roll Call Vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Borngraber-aye, Supervisor Pero-aye. 4 ayes, 0 nays. Motion Carried.
Set Halloween Hours - Resolution Follows:
BE IT RESOLVED THAT, October 31, 2012 being determined as Halloween, and as it is desirable to allow the children of the Town of Brant to Trick-Or-Treat, that the Town Board of the Town of Brant authorize Tricks-Or-Treats from the hours of 6:00 PM and 8:00 PM., on October 31, 2012 be designated as the only time for such activity. This motion was made by Supervisor Pero, seconded by Councilman Borngraber. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Borngraber-aye. 4 ayes, 0 nays . Resolution Carried
Reports of Committees
Councilman Gier ? absent
Councilman Borngraber ? No report
Councilman Kaczmarek ? No Report
Councilman Clark ? Questioned what the status was of the Phase II project for the park. Supervisor Pero explained the status. The Town is still waiting for $50,000.00 from Phase I. He met on July 21, 2012 regarding the grants and was assured the money is coming. He said that right now the skate park is cancelled due to the liability. As for the Bocci court, horseshoe pit, etc., we received the ok to continue on September 23, 2012 but there wasn?t enough time to get quotes. Supervisor Pero said there was no need to spend the extra money.
Supervisor Pero asked Councilman Clark if Tim Clark had submitted a voucher for the work he did on the park. Councilman Clark said he didn?t know.
Supervisor Pero- Announced that the Budget for 2013 was submitted to the Town Clerk on time, September 30, 2012.
He stated that he was able to negotiate with the bank and received a .75% rate for the renewal of the BANS for the Town Hall and the Highway Truck.
Still continuing to work on the Town Handbook.
The BUNY Grant was approved.
The Inactive Records move to the New Town Hall is almost done.
We should hear about the approval of the Archives Grant soon.
Recognized Privilege of the Floor
Lee Brunelli, Resident ? Questioned what the capacity of the Senior Community Building is and that a sign should be posted at the building for everyone to know.
Ron Kobel, Resident- He said he had a problem with the parking at the park during the football games. All the handicapped parking spots were taken and there are only two. When he tries to get into the park the gate is closed. Councilman Kaczmarek said that he was told by the board to block access after a certain time. Councilman Borngraber suggested putting more signs up for handicapped parking spots. Police Chief Hepkins asked Attorney Trask if the town can make more signs and he said possibly you could have someone volunteer to direct traffic. Brant Resident Brian Rott said that the town should have a certain number of handicapped spots.
Councilman Clark questioned if the park is big enough to accommodate such a large crowd.
Police Chief Hepkins suggested the Board possibly pass a resolution to put up additional handicapped signs. No action was taken. Chief Hepkins said he would have a car patrol the day of the next game which is October 20, 2012.
Meetings and Correspondence
Supervisor Pero stated that he attended 19 Meetings this past month.
APPROVAL OF ABSTRACT 10 OF 2012
* Prepaid and unpaid as of October 9, 2012
Gen Fund Town wide Vouchers pd #508-522, unpaid #523-568 Totaling: $73,078.11.
Gen Fund- Part Town Vouchers pd: none, unpaid #31-32, Totaling: $1,640.77.
Highway Town wide Vouchers, unpaid # 74-80, pd 71-73, Totaling: $21,875.74.
Highway Part Town Vouchers, pd.26-28, unpaid #29-32, Totaling: $18,726.91.
Street lighting: Voucher unpaid #9, totaling: $2,308.20.
Fire Protection: Vouchers: none
Lotus Bay Sewer Dist. 1: none
Brant Farnham Sewer Dist.: none
Brant Water Dist.1: none
Special Grant Fund: none
Capital Projects: none
General Town Wide Payroll 08/26/12-09/22/12, Totaling: $37,213.93
General Part Town Payroll 08/26/12-09/22/12 Totaling: $587.94
Highway Town Wide Payroll 08/26/12-09/22/12 Totaling: $387.57
Highway Part Town Payroll 08/26/12-09/22/12 Totaling: $7,684.12
Request pre-approval of Voucher for R.A. Gryksa as it was rec?d after the abstract was done.
A Motion was made by Councilman Borngraber, seconded by Councilman Kaczmarek to approve payment to R.A. Gryksa. Motion Carried. A Roll Call Vote was taken: Councilman Borngraber-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. Motion carried
Councilman Kaczmarek moved to approve Abstract 10, and was seconded by Councilman Clark. A roll Call vote was taken: Councilman Kaczmarek- aye, Councilman Clark-aye, Councilman Borngraber-aye, Supervisor Pero- aye. 4 ayes, 0 nays. Motion Carried
A Motion was made by Councilman Borngraber, seconded by Supervisor Pero to Adjourn at 9:25 PM. 4 ayes, 0 nays. Meeting adjourned.
Respectfully submitted by,
Barbara J Daniel
Brant Town Clerk
