This Regular Meeting of the Brant Town Board was held on Tuesday, February 11, 2014 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

PRESENT WERE:

Leonard K. Pero Supervisor
Chad Kaczmarek Councilman
Donald Clark Councilman
Jeffrey Gier, Councilman
Mark DeCarlo, Councilman
William J Trask, Sr. Town Attorney
Barbara J. Daniel, Town Clerk, Recording Secretary

Absent were:

Gary Brecker (ill, departed prior to meeting)

Also present and signed in were:

Donald Hepkins Police Chief
Joseph Ostrowski Planning Board Chairman
Lynda Ostrowski, Deputy Town Clerk
Patricia Friend, Town Historian
Janice Ross Planning Board member
Joseph DeCarlo, Assessor
Lee Brunelli, resident
Brian Rott Resident
Charles Arrigo, resident/Highway laborer
Joseph Giambrone, Highway Superintendent
Frank Broughton, Resident
Allen Nolan, Building Superintendent
Kiley Nolan, Resident
Jeffrey Nolan, Resident
James V. George, resident
Sammy Sicurella, Highway Laborer
Christopher M. Nowak
Selena Schmitt, resident
Tory Schmitt, resident
Lee Widner-Wick, visitor/Boys & Girls Club
Karl Simmeth – Representative of State Assemblyman David DiPietro
Elllen Mathis, Town of North Collins
Karen Ricotta, Town of North Collins
Gary Marcinkowski, visitor
Brian Campbell, SUN reporter

The meeting opened at 7:00 PM with a pledge to the flag. 

MINUTE APPROVAL January 14, 2014 Regular Town Board meeting.  Councilman Clark questioned the listing of the names of the individuals who were the subject of the executive session held during the January 14 meeting.  The session was held for personnel issues, and he wanted the names struck from the minutes.  The requested correction has been made to those minutes.  Councilman Clark motioned to accept the minutes with the noted change, and was seconded by Councilman Gier.  4 ayes, 0 nays. MOTION CARRIED. [Councilman Kaczmarek had not arrived]

SUPERVISOR’S FINANCIAL REPORT: Councilman Gier moved and was seconded by Councilman DeCarlo to accept the Supervisor’s December 2013 Financial Report as presented.   4 ayes, 0 nays. MOTION CARRIED. [Councilman Kaczmarek had not arrived].

BUDGET MODS: Supervisor Pero read his budget modifications as listed below. Councilman Clark motioned to accept the December 2013 budget mods as presented, and was seconded by Councilman Gier. A roll call vote was taken: Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-aye,  Supervisor Pero-aye.  4 ayes, 0 nays. MOTION CARRIED. [Councilman Kaczmarek had not arrived]

SUBJECT: Recommended Final Budget Modification # 11 as of  Year End: December-13 

Please make a resolution at the regular Town Board meeting on February 11th to approve the following Year End change(s) to the 2013 Adopted Budget.  

Budget From (Dec)/ Fund Account Amount
Modification To (Inc)  Code Description Object Over Budget
General Fund - Townwide (A)
$       763.00  Decrease A1220.4 Supervisor Contr Expend
$      (763.00) Increase A1320.4 Accounting/Bookeeping Contr Expend  $       762.50 

$     1,000.00  Decrease A1220.2 Supervisor Equip & Cap Out
          564.00  Decrease A1220.4 Supervisor Contr Expend
       1,000.00  Decrease A1010.2 Legislative Board Equip & Cap Out
       1,447.00  Decrease AA1010.4 Legislative Board Contr Expend
          902.00  Decrease A1110.1 Municipal Court Pers Serv
$    (4,913.00) Increase A1320.41 Independent Audit Contr Expend  $     4,912.50 

$       107.00  Decrease A1355.2 Assessment Equip & Cap Out
$      (107.00) Increase A1355.4 Assessment Contr Expend  $       106.80 

$       378.00  Decrease A1621.1 New Town Hall Pers Serv
$      (378.00) Increase A1620.11 Bldings(Superintendent ) Pers Serv  $       378.00 

$       301.00  Decrease A1625.4 New Town Hall Equip & Cap Out
$      (301.00) Increase A1620.4 Old Town Hall Contr Expend  $       300.21 

$     2,727.00  Decrease A1621.1 New Town Hall Pers Serv
       1,328.00  Decrease A1621.2 New Town Hall Equip & Cap Out
$    (4,055.00) Increase A1621.11 New Town Hall-Custodian Pers Serv  $     4,054.30 

$     1,472.00  Decrease A1621.2 New Town Hall Equip & Cap Out
          214.00  Decrease A1625.1 Recreation Building Pers Serv
       1,159.00  Decrease A1630.1 Recreation Building Pers Serv
$    (2,845.00) Increase A1621.4 New Town Hall Contr Expend  $     2,844.75 

$     1,221.00  Decrease A1630.4 Recreation Building Contr Expend
          134.00  Decrease A1660.4 Central Storeroom Contr Expend
$     1,355.00  Increase A1670.4 Central Print & Mail Contr Expend  $     1,354.45 

$       116.00  Decrease A3120.12 Police (Court Bailif) Pers Serv
$      (116.00) Increase A3120.13 Police-Court Appearences Pers Serv  $       115.80 

$       835.00  Decrease A3120.12 Police (Court Bailif) Pers Serv
$      (835.00) Increase A3315.11 Stop DWI-Police Contract Pers Serv  $       834.63 

$       266.00  Decrease A3120.4 Police Contr Expend
$      (266.00) Increase A5132.4 Garage Contr Expend  $       265.52

$       179.00  Decrease A7110.2 Parks Pers Serv
$      (179.00) Increase A7110.1 Parks Pers Serv  $       178.39 

$       655.00  Decrease A7110.2 Parks Pers Serv
$      (655.00) Increase A7110.4 Parks Contr Expend  $       654.98 

$       230.00  Decrease A7180.2 Special Recreation Facility-Pool Equip & Cap Out
$      (230.00) Increase A7180.4 Special Recreation Facility-Pool Contr Expend  $       229.69 

$         90.00  Decrease A1990.4 Contingent Account Contr Expend
            70.00  Decrease A7270.4 Band Concerts Contr Expend
$       160.00  Increase A7550.4 Celebrations Contr Expend  $       159.44 

$     2,453.00  Decrease A9901.9 Transfer to Other Funds 
$    (2,453.00) Increase A9050.8 Unemployment Insurance Employee Benefits  $     2,452.30 

$       523.00  Decrease A9901.9 Transfer to Other Funds 
$      (523.00) Increase A9060.8 Medical & Dental Insurance Employee Benefits  $       522.97

Highway - Townwide (DA)
$     1,324.00  Decrease DA5140.1 Misc Brush & Weeds Pers Serv
$       224.00  Decrease DA5140.4 Misc Brush & Weeds Contr Expend
$    (1,548.00) Increase DA5130.4 Machinery Contr Expend  $     1,547.07 

$           8.00  Decrease DA9060.8 Medical & Dental Ins  Employee Benefits
$          (8.00) Increase DA9055.8 Disability Insurance Employee Benefits  $           7.85 

$         30.00  Decrease DA9060.8 Medical & Dental Ins  Employee Benefits
$        (30.00) Increase DA9730.7 BAN (Interest) Debt Service  $         30.00 

$       168.00  Decrease DA9060.8 Medical & Dental Ins  Employee Benefits
$      (168.00) Increase DA5142.4 Snow Removal Contr Expend  $   12,873.59

The remaining over budget amount of $12,705.59 was due to the unanticipated severe weather conditions when the 2013 budget was adopted.    

TOWN CLERK’S FINANCIAL REPORT: Councilman Gier moved to accept the Town Clerk’s December 2013 Financial Report as presented by the Town Clerk, and was seconded by Councilman Clark.  4 ayes, 0 nays.  MOTION CARRIED. [Councilman Kaczmarek had not arrived].

Councilman Kaczmarek arrived at 7:10 pm.

COURT CLERK’S DECEMBER 2013 FINANCIAL REPORTS FOR JUSTICE CROUSE’s REGULAR AND BAIL ACCOUNT: Councilman Gier moved to accept the Justice Crouse’s  DECEMBER 2013 Financial Reports for the Bail and Regular account.  Councilman Clark seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S JANUARY 2014 REPORT: Code Officer Gary Brecker departed prior to the meeting due to illness.  Supervisor Pero read his January 2014 report.   Supervisor Pero moved to approve the report as read, and was seconded by Councilman Clark. 5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S JANUARY 2014 REPORT:  Dog Control Officer Daniel’s read the January Dog Report, which included a 10 year look at the department.  Councilman Gier motioned to approve the report as presented, Councilman DeCarlo seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT JANUARY 2014: The January 2014 police report was read by Police Chief Donald Hepkins.  Supervisor Pero moved to accept the January Police report, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR JANUARY 2014: Before reading her report, Clerk Daniel noted that she discovered that resident Tim Marien was recognized at the Farnham Fire Department installation dinner for his heroic efforts to save a drowning victim this past summer.  Police Officer Cameron Dawley was acknowledged by the Board, but no one knew of the efforts of Tim Marien in the same rescue.  The audience clapped to show appreciation for Mr. Marien’s efforts.   The Town Clerk’s monthly activity report for January 2014 was then read by Clerk Daniel’s. Supervisor Pero moved to accept the report as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.  

PLANNING BOARD REPORT: Minutes of the January 28, 2014 Planning Board meeting were read by Planning Board secretary Lynda Ostrowski.  Supervisor Pero moved to accept the report as read and was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED.

Zoning Board Report:  No meeting held

Recreation Director Report: None presented.

Parks Commissioner report: None presented

TOWN HISTORIAN REPORT Town Historian Patricia Friend read the January 15, 2014 minutes of the Historical Meeting.   It was mentioned that March 25th, 2014 is the 175th anniversary of the Town of Brant.  Councilman Gier moved to accept the report as read, and was seconded by Councilman DeCarlo.   5 ayes, 0 nays. MOTION CARRIED.

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Fire Department Reports: None presented.  Councilman Gier attended the Brant Fire Co. Installation dinner and noted that it was a very nice event.

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Senior’s Report for February 2014. No meeting was held by the Senior’s.

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ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS: 

Visitor Lee Widmer-Wick spoke on behalf of the Boys and Girls Club of Lakeshore.  She spoke of the benefits to area youth and also noted the need to seek funding.  The Town Board then decided to contribute one thousand dollars to the Organization.  Supervisor Pero motioned to approve the donation of $1,000.00 to the Boys & Girls Club of Lakeshore, and was seconded by the balance of the Board.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

Next spoke Karl Simmeth, a representative of Assemblyman David Dipietro’s office.  He was present to inform the Board that Assemblyman DiPietro is looking forward to working with the Town.  He expressed an interest in assisting the Town in any way.  He gave the Board his cell number as a point of contact.

OLD BUSINESS

GUGINO COMMITTEE & TOWN’S CENTENNIAL UPDATE:  Supervisor Pero set the date of the Justice Gugino dedication for Saturday, March 22nd 2014.  He felt that holding the dedication on a Saturday would allow a better turn out to the catered event.  Since the Town’s 175th anniversary falls on the 25th, the date was close enough to be commemorative.   Supervisor Pero asked Councilman Gier if the plaque was ready.  Gier noted it as a work in progress.  At this time, Supervisor Pero mentioned that the Town was in need of tables.  Quotes would be gathered for the March meeting.

UPDATE ON THE SALE OF THE OLD TOWN HALL: Attorney Trask noted that no valid petition was received in response to the advertisement for the “Permissive Referendum”.  Therefore, the sale may move forward.  Supervisor Pero motioned to approve a pre-payment of $496.00 to Erie County Finance for the closing.  Councilman Clark seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

EMPLOYEE HANDBOOK: Supervisor Pero mentioned that Councilman DeCarlo contacted him about creating an employee handbook.   The Board members were given a copy of the handbook Pero had been working on to review before the next meeting.  He asked that they come back with suggestions.

Councilman DeCarlo requested the Board also work on a mileage reimbursement policy.  The Board agreed it was a good idea.

APPROVAL OF DOG CONTROL MILEAGE FOR 2013 PREVIOUSLY DENIED: Supervisor Pero motioned to approve a voucher previously denied for the 2013 mileage of the DCO.  It was originally applied to abstract 13 of 2013.  Councilman Clark seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

CDBG GRANT FOR SENIOR REC BLDG: Supervisor Pero noted that the Town is submitting bills resulting from ADA improvements being done at the Senior Community Building and pool house.  The project won’t be complete until the Spring when weather will permit construction of the lean to over the bathroom doors.

NEW BUSINESS:

EASTER EGG HUNT: Supervisor Pero motioned to approve allowing a Town sponsored Easter Egg hunt at the Town Hall on Palm Sunday (April 13, 2014) after the Fire Company’s Pancake breakfast.  Councilman Gier seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

MISCELLANEOUS:

LETTER FROM GARY MARCINKOWSKI (BEVERLY HILLS DEVELOPMENT):  Supervisor Pero noted a letter he received from Gary Marcinkowski which was given to the Town Attorney Trask.

NYS COMPTROLLER’S AUDIT UPDATE:  Supervisor Pero spoke of the NYS Comptroller’s audit being conducted Town wide.  The audit started last Tuesday and will take about two months.

ADDENDUM TO LAKE SHORE YOUTH FOOTBALL/TUMBLING PROGRAM:  Town Attorney Trask noted that he emailed the addendum to Councilman Kaczmarek.  He also has a hard copy with him to review.  The addendum is similar to the one drafted for the Barn Grapplers.  The attorney advised that since the Board approved the addendum in January, there was no need to approve it again at this meeting.  

APPROVAL OF PROMOTION AND PAY INCREASE OF NICHOLAS BURBIGE:  Supervisor Pero noted that the Board needed to approve an increase in pay for Nick Burbige who has been working as an assistant to Allen Nolan and whose position is being changed.  He will be mowing lawns and doing grounds maintenance at the park.  The rate of pay will increase from $8.00/hr.to$10.00/hr.  Councilman Gier motioned to approve the increase in the wages.  He was seconded by Councilman Kaczmarek.   A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

EVANS AGENCY INSURANCE: Supervisor Pero received a quote from Ron Miller at Evans Agency for the new year.  Our coverage expired February 1st, but Evans Agency has extended the coverage until negotiations were complete.  Last year, insurance cost was $37,130.87 and this year, he has quoted $39,623.72.  There has been litigation during the year.  He also noted that the Old Town Hall that will now be taken off coverage, which should drop the new figure by approximately $600.  Councilman Gier motioned to approve the renewal with Evans Agency at the amount quoted.  He was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

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REPORTS OF COMMITTEES:  Supervisor Pero asked Councilman Clark to present the results of his contact with the Seniors regarding the recent audit findings.  Councilman Clark had spoken with Jeanette Mirusso of the Seniors on February 5th. She stated that the Seniors reviewed the audit findings and will take them into consideration.  They are currently unsure of how they are going to handle it.  He added that they thank the Board for their support.  

At this time Councilman Clark read a letter summarized as follows:

The writer states that the Town has been deprived of approximately 733 acres of beach front property (Evangola State Park) after the States acquired the property in 1954 for a park.  As a result of the location and clean beach, it receives approximately 1,000 visitors and campers annually.  The writer asks the State to allow the Town of Brant residents to enjoy the park and its amenities free of charge, since the Town receives no portion of revenue the park generates.  Supervisor Pero added that he has had a problem with the fact that “Brant” was not part of the name it received.  The Board will draft a resolution to be presented at the next Board meeting.

TOWN BOARD REPORTS: 

Councilman Gier: Councilman Gier recognized the good work being done by Highway Superintendent Joe Giambrone.  He commended the great job keeping roads clean during this rough winter.

Councilman Clark: Nothing more to report.  

Councilman Kaczmarek:  Spoke that the Tumbling program started that night.  He was just at the Rec Bldg. and there were 30 girls in attendance for the program.  The program is booked for tomorrow too.  He noted his attendance at the last Historical meeting.

Councilman DeCarlo: Announced an update on the Monday night concert series for this summer.  The concerts will be held on the following Mondays: July 7th, 14th, 21st, 28th, August 4th, 11th, 18th and 25th.  We are scheduling groups right now.  He thanked Lynda Ostrowski for her efforts to assist in the project.

Supervisor Pero: Spoke on the State of the Town Budget for 2013.  

Final Budget summary as follows:

Gen fund Town Wide revenue ended 2013 year over budget by $134,259.15
Gen fund Town Wide expenses ended 2013 year under budget by $58,812.39

Gen Fund Part Town ended 2013 revenue over budget by $15,856.18
Gen fund Part Town expenses ended 2013 under budget by $31,526.44

Hwy Town Wide ended 2013 with revenue over budget by $9,637.71
HWY Town Wide ended 2013 budget with expenses over budget by $12,693.03

HWY Part Time ended 2013 with revenue over budget by $22,133.73
HWY Part Time ended 2013 with expenses under budget by $900.23

COMMUNITY CHOICE ACT:  Supervisor Pero requested the Board approve the adoption of the Community Choice Act.  Upon adoption, it will be updated annually at the Organizational Meeting.  The Town can opt out later.  The act encourages economic development.  There is no cost.  Supervisor Pero motioned to support the “Community Choice Act” and was seconded by Councilman DeCarlo.  A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye.  5 ayes, 0 nays.  MOTION CARRIED.

WATER PROJECT, CRA: Supervisor Pero asked the Board to permit CRA to come in and look at getting water into the Town.  Councilman Gier responded that it must not cost the Town for them to come in.  Councilman Kaczmarek motioned to approve CRA coming in to look into a water project.  He was seconded by Councilman Clark.  A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

RECOGNIZED PRIVILEGE OF THE FLOOR:

Janice Ross of Versailles Plank thanked Councilman DeCarlo for attending the Planning Board meeting.

Gary Marcinkowski, of Beverly Hills Development addressed the Board regarding work he had done to the Highway garage.  He noted that he had worked with then Councilman Borngraber and the current Supervisor Pero.  He explained to the Board that upon pressure washing the highway garage, he found that the masonry reconstruction work was far more than he anticipated.  He stated that he brought it to Pero’s attention and Pero told him he would be able to pay an additional $1,000.  He noted that he billed the Town for the additional, but has not received payment.  He mentioned that miscellaneous communication between him and Pero reveals that he is due the money. 

Tim Marien of Brant Farnham Rd stood to respond to Mr. Marcinkowski stating he left a mess after the work was done.
Councilman Clark advised that the Board Liaison to the Supervisor and the Town Attorney should meet to discuss the issue with Mr. Marcinkowski.

Frank Broughton of Brant North Collins Road commended Highway Superintendent Joseph Giambrone for the good job he is doing this winter.  He then stated he would like water to be brought to his road.  He then asked the Board to consider creating a bike route in the future.

CORRESPONDENCE: 

Supervisor Pero read a letter from Legislator John Mills warning residents about a scam being conducted where people are entering homes under the guise of being an Erie County water authority.  He advised residents to insist on I.D. and look for the Water Authority logo on their clothing and vehicles.

Erie County water: Letter to Ellsworth Nolan containing the Annual update.  In summary, all is well with the water.

Stanley Gretka, Jr.: Supervisor Pero read a letter from resident Stanley Gretka Jr. asking when the Time Warner install will begin on Mileblock Rd.  Pero noted he spoke with Time Warner.  He found that it will be a matter of waiting.

Governor Cuomo: Letter from Governor Cuomo stating there will be no emergency money for the recent states of winter weather emergency declared in January.

Time Warner: Letter stating the changes being made to the Time Warner policy.

Town of Collins Shared Services.  Supervisor Pero acknowledged the contract between the Highway Department and the Town of Collins for shared services.

Town of Evans recycling: The committee in Evans is holding an Environmental Fair on March 29, 2014.

Bill Henry (Climate Change Coordinator): Letter from Mr. Henry updating the Town on the success in removing the Sales Tax from commercial Solar power systems.

County CDBG Status: Letter regarding the CDBG project has been put on hold.  The State is short on funding for the Town’s sidewalk and Senior Community Bldg. project and the project funding will be slow.  The balance of current ADA improvements at the Community Bldg. have been put on hold until the weather improves.

Town Phones will be out of services on Thursday the 20th of February for approximately 30 minutes.  The internet will also be affected.

Supervisor Pero stated he attended 10 meetings in January.

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Supervisor Pero read Abstract 2 of 2014: 

Abstract 2 of 2014

*Prepaid and unpaid as of February 11, 2014
Gen Fund Town wide Vouchers pd : 28-35, unpd#36-76 Totaling: $40,983.06
Gen Fund – Part Town Voucher, pd: None, unpd #4-6  Totaling: $8,211.64
Highway T.W. Vouchers pd: #1, unpd#2-12, Totaling: $25,727.04
Highway P.T. Vouchers, pd: None
Fire Protection: Vouchers: None
Street lighting: Voucher  pd, #12:   $3,529.37
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: None
Brant Water Dist 1: None
Special Grant Fund: unpd: None, Totaling:
Capital Projects: Vouchers: None

General Town Wide Payroll 12/29/13 - 1/25/14 Totaling: $36,991.39
General Part Town Payroll 12/29/13 - 1/25/14 Totaling: $614.85
Highway Payroll TW 12/29/13 - 1/25/14 Totaling: $13,948.72
Highway Payroll PT 12/29/13 - 1/25/14 Totaling: none

NOTE: The following vouchers were received after the Abstract was closed.  Please approve for pre-payment on Abstract 3.

• Edward Dinkuhn, $10.00 – Name Plate for Justice Borngraber
• RM Heating, Air Cond & Refrig,  $179.85 - Repair two furnaces in Old Town Hall

Councilman Gier motioned to approve Abstract 2 of 2014 as read by Supervisor Pero.  He was seconded by Councilman DeCarlo.  A roll call vote was taken: Councilman Gier-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

At 8:33 PM, the entire Board motioned to adjourn the meeting with a moment of silence to acknowledge the passing of Josephine Notaro and Joseph Perrello.  The entire Board seconded the motioned.  MEETING ADJOURNED.

Respectfully submitted by,
 

Barbara Daniel
Brant Town Clerk