This Regular Meeting of the Brant Town Board was held on Tuesday, June 10, 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

Also present and signed in were:

Joseph Ostrowski Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Donald Hepkins, Chief of Police
Joseph Giambrone, Highway Superintendent
Joseph DeCarlo, Assessor
Janice Ross, Planning Board
Ronald Kobel, resident
Lee Brunelli, resident
Debra Ritz, resident
Brian Rott, resident
Al Butlak, resident
Brian Campbell, SUN reporter

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

MINUTE APPROVAL MAY 13, 2014 Regular Town Board meeting.  Councilman Gier motioned to accept the minutes of the May 13th, 2014 and was seconded by Councilman DeCarlo.  5 ayes, 0 nays. MOTION CARRIED. 

SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Kaczmarek to accept the Supervisor’s April 2014 Financial Report as presented.   5 ayes, 0 nays. MOTION CARRIED. 

BUDGET MODS: None were presented

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Supervisor Pero moved to accept the Town Clerk’s April 2014 Financial Reports, and was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED. 

COURT CLERK’S APRIL 2014 FINANCIAL REPORTS FOR JUSTICES CROUSE & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek moved to accept both reports for April 2014 Financial Reports for the Bail and Regular account.  Councilman DeCarlo seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code officer Gary Brecker was absent.  His May report was tabled until the July meeting.

DOG CONTROL OFFICER’S APRIL AND MAY 2014 REPORT:  Dog Control Officer Barbara Daniel presented her April and May Dog Control report.  Councilman Kaczmarek motioned to accept the reports as read, and was seconded by Supervisor Pero.  5 ayes, 0 nays.  MOTION CARRIED.

The Dog Control Officer then announced the drawing of the afghan which was the subject of a raffle to raise money for the dog heaters and doggie doors for the Town Shelter.  The prize, a hand knit afghan, was donated by MaryBeth Cantwell of “Lovely Things by Capable Hands”.  The raffle raised a total of $224.39.  Resident Lee Brunelli drew the winning name: Cheryl Voelz-Neubauer.   She will be notified of her prize.

POLICE REPORT MAY 2014: The May 2014 police report was read by Chief Donald Hepkins.  Councilman Clark moved to accept the May Police report, and was seconded by Councilman Gier. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR MAY 2014: The Town Clerk’s monthly activity report for May 2014 was read by Clerk Daniel. Councilman Clark moved to accept the report as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.  

During her report, the Town Clerk requested the Board to decide on the vendor for, and number of port-a-potties to be ordered for this 2014 summer.  Now that the restroom doors have been installed for the ADA improvements to the Rec and Community Bldg., the clerk wanted the Board to decide.  Supervisor Pero motioned to approve the lowest vendor, and to continue with the normal order (2 regular potties & 1 handicap potty).  Councilman Kaczmarek seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED. 

PLANNING BOARD REPORT:  Councilman DeCarlo, liaison to the Planning Board, read the minutes of the planning board meeting held May 20th.  The Board’s secretary had not arrived yet.  The next Planning Board meeting will be held on June 24, 2014.  Councilman Gier motioned to approve the minutes, and was seconded by Councilman Clark.  5 ayes, 0 nays.  MOTION CARRIED.

ZONING BOARD REPORT:  No meeting was held.

RECREATION DIRECTOR’S REPORT: Councilman Kaczmarek reported that the pool is almost ready for the season.  Building Superintendent Allen Nolan asked the Board to thank Joe Giambrone and the Highway crew for their help.  Also, he asked them to thank the Farnham and Brant Fire companies for their assistance in filling the pool with water.  Supervisor Pero thanked all involved with getting the park and pool ready.

PARKS COMMISSIONER’S REPORT:  No report presented.

TOWN HISTORIAN REPORT: Town Historian Patricia Friend was not present.  Supervisor Pero read the minutes of the May Historical Meeting.   Councilman Gier motioned to accept the minutes as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.
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FIRE DEPARTMENT REPORTS:  No Reports were received.

SENIOR’S REPORT FOR MAY 2014: Councilman Clark read the minutes of the May Senior meetings.  Councilman Gier motioned to approve the minutes as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

OLD BUSINESS

BRANT SUMMERFEST UPDATE:  Supervisor Pero summarized some of the events for the upcoming Brantfest.  He then asked the Board to approve funding for the prizes for the pie eating, the parade, and the GOYA Cook off, which will be approximately $510.00.  Also, for the music and the balance owed on the fireworks ($3,450.00) he will need approximately $4,000.00.  Not counting what the Town has budgeted, Brantfest has generated approximately $2,520.00. He is awaiting checks amounting to $1,600.00.  He estimates approximately $4,095.00 which has been raised, and there is more to come.     Therefore, he asked the Board to approve the spending of $5,000.00 for the 2014 Brant Festival.  Councilman Clark asked if that amount included the vouchers presented on the current abstract.  The answer was yes.  Councilman Gier motioned to approve the spending amount, and 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.

EMPLOYEE HANDBOOK:  Supervisor Pero spoke about the procedure for the distribution of the new employee handbook.  He stated that each Department head has received an official copy.  Then, each employee will be given a copy and must sign off that they have received their copy.  At the time of their signing, the handbook will be in effect for them.

RESTRICTED ROADS REMINDER: Supervisor Pero reminds the public about an upcoming “Restricted Roads” project planned for Route 249, ½ mile west of Route 20 to the Morley crossroad. (4 miles).  It will be reconstructed under Contract number D262414.  

ADDENDUM TO CURRENT LAW AS REQUESTED BY ZBA: Supervisor Pero tabled the ZBA request to amend the current law listed in the Ag district permitted uses.

STATE AUDIT RESULTS: Supervisor Pero stated that audit results are not yet in.  This item was tabled.

NEW BUSINESS: 

NEW WAVE ENERGY: Supervisor Pero mentioned the agreement with New Wave Energy.  A 30 day cancellation without penalty clause has been included in the agreement.  

HAZMAN EVENT RESOLUTION (August 30, 2014):
Supervisor Pero noted a resolution needed to apply for a grant for funding to hold a Household Hazardous Waste collection event on August 30, 2014.  The Grant would pay 50% towards the cost of the event.  The total cost to the Town would be $1,965.00.  The resolution required was read by
Supervisor Pero:

A Resolution Authorizing the Filing of an Application for a State Assistance from the Household Hazardous Waste (HHW) State Assistance Program and Signing of the Associated State Contract, Under the Appropriate Laws of New York State.

WHEREAS, the State of New York provides financial aid for household hazardous waste programs; 

And WHEREAS the Town of Brant herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid;

NOW, THEREFORE, BE IT RESOLVED BY Brant Town Board

1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.

2. That Supervisor Leonard K. Pero,  or his/her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE;

3. That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs.

4.  That four (4) Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation together with a complete application.

5.  That this resolution shall take effect immediately.

Councilman Gier motioned to adopt the resolution, and 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.  RESOLUTION ADOPTED.

Supervisor Pero noted the final cost to the Town will be $1,965.00.  The event will be handled and orchestrated by Hazman, except the tire and electronics portion.  Residents can dispose of paint, oils, prescriptions, etc. up to 75 lbs. per person.

ELECTRONICS RECYCLING: Supervisor Pero noted that Sun King currently accepts CRT’s and items with tubes.  This may change in the future.  However, If a CRT is brought in broken, it will cost the Town .35 cents per pound to dispose of, therefore the Town should not accept broken or gutted CRT’s.  Sun King will pay the Town a nickel per pound for 9 pallets of recycled electronic items.  The Town will store the pallets until it has 9 pallets to dispose of.

Supervisor Pero then read the proclamation being given to Highway Superintendent Joseph Giambrone during the 2014 Brant Summer Festival.  He asked the Board to approve the proclamation as follows:

PROCLAMATION, HIGHWAY SUPERINTENDENT JOSEPH N. GIAMBRONE:

The 11th annual Brant Summer Fest presents the 3rd inductee to our wall of fame as we honor Joseph N. Giambrone for his leadership & dedication to the residents of the Town of Brant.

For 30 years Joe has served the Town of Brant as our Town Superintendent of Highways (January 1, 1984 – until present day) and was hired as a worker 12/1/1978 giving him 36 years of loyal dedicated service to our town.

His 30 consecutive years are the most that anyone ever served as Highway Superintendent in Brant’s history. On June 10, 2014 the Brant Town Board Unanimously Proclaimed June 21 & 22nd 2014 as Joseph N. Giambrone days in the Town of Brant. 

Thank You Joe for all you have done!
God Bless you & your family

The residents of the Town of Brant

Supervisor Pero motioned to adopt the proclamation and was seconded by the balance of the Town 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.

Highway Superintendent Joe Giambrone reminisced about the Towns use of Cinders for the icy roads. 
Supervisor Pero noted that Giambrone has been the Superintendent for thirty years, second only to Herman Muscato who had twenty five years.

POOL AND RECREATION DATES: The pool will be open beginning June 28, and the Recreation program begins July 7th.

RECREATION APPOINTMENT:  Recreation attendants / pool lifeguard not previously appointed are as follows:

Recreation Attendants:

Jennifer Cecchettino
Alex Shean
Alie Jimerson
Mary Katherine Crapsi
Lynsey Nolan
Emily Gibbs
Emma Franco

Lifeguard:

Collin Woods

Councilman Gier motioned to approve the above appointments, 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.

Assistant to the Rec. Director:

Supervisor Pero then addressed the Board regarding a request made by Recreation Director Vincent Fininzio.  The Recreation Director requested the appointment of Hannah Renaldo as Assistant Recreation Director at the hourly rate of $9.00/hour.  Supervisor Pero motioned to approve the appointment, seconded by Councilman Gier.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

DEPUTY TOWN CLERK AND COURT CLERK APPOINTMENTS:

COURT CLERK APPOINTMENTS:

Supervisor Pero read a letter from Justices Crouse and Borngraber.  The letter requested the appointment of Tammy Czyz at a rate of $11.50/hour as part time assistant Court Clerk and $12.00/hour when on the bench, to replace the recently resigned Diane Czyz.

A separate letter from Justice Borngraber requested the appointment of Diane Czyz as Clerk to the Justice at a rate of $12.66/hour, replacing the recently resigned Karen Herc.  Councilman Clark asked the Town Attorney if the appointment of family members was acceptable. Attorney Trask responded that it was the Justices appointment, and he was unaware of anything that would prevent it. Councilman Clark motioned to approve the appointments, seconded by Councilman Gier. A roll call vote was taken: Councilman Clark-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

DEPUTY TOWN CLERK APPOINTMENT: 

Supervisor Pero acknowledged a request from the Town Clerk to appoint Karen Herc to the recently vacated position of Deputy Town Clerk.  Councilman DeCarlo seconded the motion.  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.

MISCELLANEOUS:

APPROVE THE PURCHASE OF UPGRADED COMPUTER FOR ASSESSOR OFFICE: Supervisor Pero acknowledged a letter from the Assessor requesting pre-approval to purchase a new computer system for their office.  The Office of Real Property Tax Services notified the assessor’s office that their Windows XP will no longer allow them to access ORPS tax services.  Assessor Joe DeCarlo obtained a quote from Best Buy.  The quote was for a Dell Inspiron 7.3” Laptop ($476.98), plus a Dell Inspiron 3000 Series Desktop ($599.99), plus a Dell P2414H 23.8” IPS LED HD Monitor ($232.99).  The total amount requested is $1310.00 for all pieces.  Supervisor Pero noted that the payment will come from the Contingent account since the purchase had not been budgeted.

Supervisor Pero motioned to approve the purchase, seconded by Councilman Kaczmarek.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-abstain.  5 ayes, 1 abstain, 0 nays.  MOTION CARRIED.

COUNTY CHARGEBACKS (2012): Supervisor Pero acknowledged a letter from Erie County Real Property regarding chargebacks from the 2012 Town/County tax year.  Two chargebacks were billed to the Town in the amount of $1,428.12 and $56.44, and are due to the County no later than July 7, 2014.  Supervisor Pero motioned to approve the County payment based on approval of the Assessor regarding the 2012 transactions verified as due.  Councilman Gier seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

FARNHAM WATER TOWER MAINTENANCE: Supervisor Pero noted upcoming maintenance of the water Tower in Farnham.  Per the Town’s agreement with Farnham, the Town will share in the expense by contributing 50% of the expected cost (approx. $2900.00).   Councilman Clark motioned to approve the expense and was seconded by Supervisor Pero.  A roll call vote was taken: Councilman Clark-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

REPORT OF COMMITTEES:

Supervisor Pero mentioned that he had a meeting with Jim George and Gary Brecker regarding the disaster plan. 

Pero is also working on setting up a Climate Smart Task Force and to hold meetings on Fridays in the conference room.  The meetings will be open to the public.  He mentioned also that it was through this Task force that the sales tax on solar systems was removed in Erie County.

TOWN BOARD REPORTS:

COUNCILMAN GIER: Working on reaching Thruway Authority regarding the Towns desire for the installation of a flashing light at the corner of Milestrip Road and Brant Reservation Road to assist traffic during road detour planned for the upcoming road work about to begin for Route 249. He is also trying to work with Legislator Mills to get Brant Reservation Road repaved and guardrails fixed to prepare for the upcoming heavy use due to the detour.  He added that Brant Reservation road is in horrendous shape right now, and this is going to be a two year project.

COUNCILMAN KACZMAREK: Addressed the Town Board regarding a tree that fell in the park taking down a power line to the groves.  Councilman Kaczmarek suggests the line be buried when making the repair.

COUNCILMAN CLARK: Nothing to report

COUNCILMAN DeCARLO: Attended the Brantfest meeting and attended one of the grievance meetings.

SUPERVISOR PERO:  

ASSOCIATION OF E.C. GOVERNMENT MEETING:  Supervisor Pero asked Board members who will be able to attend the upcoming Erie County Government meeting to be hosted by the Town.  The meeting will be held at the Senior Community Building on June 19, 2014.  Dinner will be served from 5:30 to 6:30 pm with a meeting to follow.  He asked that those on the Board interested in attending need to notify Supervisor Pero as soon as possible.

RURAL TRANSIT:  In need of volunteers to drive.  Those who can assist can call 549-5098.

LETTER TO SEN. GRISSANTI RE: WATER PROJECT / SOLAR PANELS / L.E.D. LIGHTING: Sent a letter to Senator Grisanti’s office requesting funding to work on the following items (totaling $100,000.00):

1)  Feasibility study to determine the best way to bring water to 200 area homes where water is a problem. ($16,000.00)
2) Solar Panels for Town Hall/Recreation center/Sr. Community Bldg. $45,500.00
3) LED Lighting Town Hall ($38,500.00)

Supervisor Pero’s letter requested all or part of the amount listed above.

BRIDGE CLOSING REMINDER: Supervisor Pero reminds residents about two bridge upcoming closings.   The bridge over the thruway on Milestrip will close on March 16, 2015 and the bridge overpass on Route 438 will close from Sept. 15, 2014 to March 6, 2015.

MEETINGS ATTENDED:  Supervisor Pero mentioned the meetings he attended this year.  He summarized them as 20 in January, 9 in February, 17 in March, 22 in April and 20 in May.

RECOGNIZED PRIVILEGE OF THE FLOOR:  No one spoke.  Supervisor Pero welcomed Mr. Butlak of Farnham.

CORRESPONDENCE: 

Supervisor Pero read the following correspondence:

• Sales Tax revenue up from last year (June 2.38% above last year)
• Letter from Time Warner
• Email from Legislator John Mills Re: Erie County farming assistance meetings, open to public.
• Letter from Chris Jacobs, Erie County Clerk reported two million dollar surplus

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Supervisor Pero read the following Abstract:

Abstract 6 of 2014

*Prepaid and unpaid as of June 10, 2014
Gen Fund Town wide Vouchers pd : 309, 311-318, unpd#319-361 Totaling: $22,592.43
Gen Fund – Part Town Voucher, pd: none, unpd #329,355, 362,363, 364 Totaling: $8,542.57
Highway T.W. Vouchers pd: none, unpd#365, 366 - 370, Totaling: $4,235.35
Highway P.T. Vouchers, pd: #317-318, unpaid #371-375,  Total $8,321.13
Fire Protection: Vouchers: None
Street lighting: Voucher  pd, #305:   $2,048.45
H Capital Projects (DPW): Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
Brant Water Dist 1: Voucher: none - Totaling $0
Special Grant Fund: unpaid: None, Totaling:$0 

General Town Wide Payroll 4/20/14 - 5/17/14 Totaling: $39,930.66
General Part Town Payroll 4/20/14 - 5/17/14 Totaling: $623.96
Highway Payroll TW 4/20/14 - 5/17/14 Totaling: none
Highway Payroll PT 4/20/14 - 5/17/14 Totaling: $7,669.25

Request for approval to pre-pay on Abstract 7:
• Skylighters of New York balance of contract 1,650.00 due by June 21st

The following Vouchers were denied by one or more auditors (these vouchers are on the abstract, and must be deleted if no approval is given at this meeting):

The Fair House publishing $195.75 (denied by Councilman Gier) V#360

Regional International $62.08 (no invoices were attached, update, now attached) V#365

Greyline Signs $975.00 (park signs) unsigned by auditors Kaczmarek & Gier, V#357

Supervisor Pero motioned to payment of Abstract 6, and was seconded by Councilman Clark.  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.

At 8:14 PM, Supervisor Pero asked for a moment of silence in memory of Officer Rick Lopez’ mother Maryann Lopez, and Catherine Mittner, and Joanne Mahoney who recently passed away.  A moment of silence was observed.   The entire Board motioned to adjourn in their memory and the Board seconded the motion.  

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk