This Regular Meeting of the Brant Town Board was held on Tuesday, October 14, 2014 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
Chad Kaczmarek, Councilman
Jeffrey Gier, Councilman
Donald Clark, 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
Janet Bowman, Assessor’s clerk
Lee Brunelli, resident
Joseph Giambrone, Hwy. Superintendent
Stefan Mychajliw, Comptroller
Brian Campbell, SUN reporter

The meeting opened at 7:30 PM with a pledge to the flag.  

Prior to presentation of reports, Comptroller Stefan Mychajliw addressed the Town Board regarding some of the cost saving changes he had made to the County Budget, along with some of the improvements he had made.

MINUTE APPROVAL SEPTEMBER 9, 2014 Regular Town Board meeting.  Councilman Gier motioned to accept the minutes of the September 9th, 2014 Town Board meeting, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays. MOTION CARRIED. 

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

BUDGET MODS:  Supervisor Pero read his August 2014 Budget modifications:

MEMORANDUM

TO: Leonard Pero, Supervisor, Town of Brant  10/13/14

FROM: Richard A. Gryksa MBA, Town Accountant  

SUBJECT: Recommended Budget Modification #3 as of :  August-14 

Please make a resolution at the regular Town Board meeting on October 14th 2014 to approve the following change(s) to the 2014 Adopted Budget.  

Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide (A)
$       697.00  (DR) Decrease A1990.4 Continent Account Contr Expend
$      (697.00) (CR) Increase A1355.4 Assessment Contr Expend  $       697.00 

$     2,510.00  (DR) Decrease A1990.4 Continent Account Contr Expend
$      (250.00) (CR) Increase A1440.4 Engineer Contr Expend  $       250.00 

$       205.00  (DR) Decrease A3120.4 Police Contr Expend
$      (205.00) (CR) Increase A3120.2 Police Equipment Equip & Cap Out  $       205.00 

$     4,012.00  (DR) Decrease A1990.4 Continent Account Contr Expend
$    (4,012.00) (CR) Increase A7110.4 Parks Contr Expend  $    4,011.06 

$         45.00  (DR) Decrease A9050.8 Unemployment Insurance Employee Benefits
$        (45.00) (CR) Increase A9060.8 Medical & Dental Insurance Employee Benefits  $         44.41 

    A7550.4 Celebration Contr Expend  $    7,025.10
   A7550.41 Celebration-Summerfest Events Contr Expend        1,465.62
       $    8,490.72
The total Summerfest Event expenses need to be reconciled and when completed will be offset by funds carried in the T&A Fund.  
          
APPROVAL OF BUDGET MODS LISTED ABOVE: Councilman Clark motioned to approve the budget mod as listed above, and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

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

COURT CLERK’S AUGUST 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Kaczmarek made the motion to approve the financial reports and was seconded by Councilman Clark to approve both reports for August 2014 Bail and Regular account.  5 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Supervisor Pero read the Code Enforcement Officer’s report for September.   Councilman Gier motioned to approve the report as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S SEPTEMBER 2014 REPORT:  Dog Control Officer Barbara Daniel presented her September Dog Report.  She thanked Gernatt Gravel for the donation of stone she received for the kennel.  Councilman Clark motioned to accept the report as read, and was seconded by Supervisor Pero.  5 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT SEPTEMBER 2014: The September 2014 police report was read by Councilman Kaczmarek.   
Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Clark.  5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR SEPTEMBER 2014: The Town Clerk’s monthly activity report for September 2014 was read by Clerk Daniel.  One of the items contained in her monthly report was a request to appoint Samantha Gier as Town Webmaster.  She explained the Town Website is in need of revamping and needs to be kept more current.  She requested the Board approve the monthly expense of $50 to $100 per month to come from her budget.

Councilman Clark motioned to approve the appointment of Samantha Gier at a monthly amount not
to exceed $100.00 to webmaster the Town Website.  Councilman DeCarlo seconded the motion.  A roll  call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye,  Councilman Gier-abstain, Supervisor Pero-aye.  4 ayes, 1 abstain.  MOTION CARRIED.

APPROVAL OF TOWN CLERK’S REPORT: Councilman Kaczmarek moved to accept the Town Clerk’s September report as read, and was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED.

PLANNING BOARD REPORT:  Planning Board secretary Lynda Ostrowski read the minutes of the September 23rd Planning Board meeting.  Councilman Gier motioned to approve the report as presented, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.

ZONING BOARD REPORT:  No meeting was held.

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT:  Nothing to report

TOWN HISTORIAN REPORT: No report received

FIRE DEPARTMENT REPORTS:  Councilman Gier noted No reports received.

SENIOR’S REPORT: No Senior report received.

OLD BUSINESS:

ADDENDUM TO AG DISTRICT PERMITTED USE LAW:  Supervisor Pero noted that the SEQR is almost complete.  It must go to Erie County Planning, who has 30 days to review and respond.  Supervisor Pero read the resolution naming the Town of Brant as Lead Agency in the SEQR process.  Supervisor Pero reviewed the proposed law and asked that the Town consider expanding the language to include any type of indoor commercial use in an Ag district.  Attorney Trask responded that to make such a change in the language of the proposed law would require a new E.A.F.   No vote was taken.  The discussion was tabled.

HORIZONTAL DRILLING:  Supervisor Pero notes that the Planning Board was working on the law.

SPEED LIMIT REDUCTION REQUESTED:  Supervisor Pero noted that he sent the letter to the NYS D.O.T. requesting the reduction in the speed limit on Lotus Point Rd.

AG DISTRICT PUBLIC NOTICE:  Supervisor Pero read the 30 day notice regarding the ability for certain properties to be added as viable agricultural land (NYS 303B).  Forms to apply are available at the Town Clerk’s Office.

LOTUS BAY EMERGENCY ACCESS ROAD:  Supervisor Pero discussed a meeting he had with Ellen Ginrich, owner of Lotus Abode.  He noted that Ellen decided to enter a one year agreement with the Town to allow the use of her roadway to allow emergency vehicles to access properties on Lotus Bay Estate Road. The Town would have to maintain it during winter, and repair any damage done in the spring.  Attorney Trask responded that any agreement would have to be more formal.  He also added that he felt Emergency Services should be contacted again to review the area for ease of access.  No vote was taken.

2008 SUV EXPEDITION TO BE PUT ONLINE FOR SALE: Supervisor Pero informed the Board that the SUV bid is now up to $5,800 and the auction on the SUV is due to end on October 17.

CRYSTAL ROCK NEW WATER SYSTEM DELAY: It was noted that the new water purification units have not been installed yet.  The building superintendent must drill holes in order to install the units as there needs to be a source of the Town water at each location.

SERVICE HONORING LINDA CROUSE HELD ON SEPT. 27, 2014: Supervisor Pero mentioned the success of the service held to honor Linda Crouse on September 27.  He then thanked Allen Nolan, Nick Burbige, and Goldie DiSaverio for their help in the planning and preparation.

OCTOBER 25, 2014 IMMUNIZATIONS: The Visiting Nurses Association will administer Flu vaccines at the Community Bldg. on October 25th from 10 am to 2 pm.  Contact the Supervisor’s office for appointments.

BRANT SENIORS PARKING:  Supervisor Pero noted a resolution for the parking problem at the Recreation Building.  He stated that a decision to place “Reserved Parking” covers over the current parking signs on the nights when seniors will be using the recreation area.

PUBLIC HEARING: COMMUNITY DEVLOPMENT GRANT / 8:00 PM

Town Clerk Barbara Daniel read the Legal Notice which was published in the Hamburg SUN on September 18, 2014:
 

TOWN OF BRANT
LEGAL NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a public hearing on Tuesday, October 14, 2014 at 8:00 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 15, 2014
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 Clark.  5 ayes, 0 nays.  MOTION CARRIED.

Supervisor Pero discussed a need for an automatic door opener for the Senior Community Building.  It would allow the elderly and handicapped, easy entry to the building.  Wheelchair access will be improved.  Resident Joseph Ostrowski and his wife Lynda Ostrowski commended the idea as a good use of public funds.  Discussion on listing this as the number one item was recommended.  Item number two would be to request funding support for Rural Transit.

Councilman Gier motioned to close the Public Hearing, and seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  HEARING CLOSED.  

At this time, Supervisor Pero read the following resolution:

RESOLUTION # 101414-001, AUTHORIZING SUPERVISOR PERO TO SIGN, SUBMIT AND EXECUTE A CONTRACT WITH ERIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE FOLLOWING PROJECTS UPON APPROVAL IN ORDER: 

1) HANDICAPPED ACCESSIBLE IMPROVEMENTS TO THE SENIOR COMMUNITY CENTER PROVIDING A 25% MATCH.
2) RURAL TRANSIT FUNDING SUPPORT

A Roll Call vote was taken: Councilman Gier – Aye, Councilman Clark-Aye, Councilman Kaczmarek- Aye, Councilman DeCarlo – Aye, Supervisor Pero - Aye.  5 AYES, 0 NAYS.  RESOLUTION ADOPTED.

NEW BUSINESS:

2015 TENTATIVE BUDGET: The Board had received copies of the Tentative Budget from Town Clerk Daniel.  A workshop to work on the budget will be held on Thursday October 16 at 7:00 Pm in the Town Hall Conference Room.

APPROVAL TO SEND CORRECTIVE ACTION PLAN RESPONSE TO THE NYS AUDIT: Supervisor Pero gave copies of the Corrective Action Plan he drafted in response to the recent NYS Comptroller Court audit.  He now requested their approval to send the response.  Councilman DeCarlo motioned to approve the response to be sent to the Comptroller, and was seconded by Councilman Gier.  A roll call vote was taken: Councilman DeCarlo-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

SET PUBLIC HEARING DATES FOR 2% TAX CAP LOCAL LAW #3 OF 2014 AND PUBLIC HEARING FOR PRELIMINARY BUDGET.  The Town Clerk to advertise two public hearings set for November 12, 2014.  The 2% Tax Cap Local law Hearing will be set for 8:00 PM and the Public Hearing for the 2015 Preliminary Budget will be held at 8:15 PM on Wednesday November 12, 2014.  Councilman Gier motioned to approve the hearing date and times, 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.

ONE YEAR EXTENSION ON REFUSE CONTRACT WITH BESTWAY: Supervisor Pero motioned to extend the contract with Bestway Container Service for the refuse contract for one year, per the terms of the current contract.  He 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.  RESOLUTION ADOPTED.

BAN NEGOTIATIONS:  Supervisor Pero noted that he had been negotiating with Evans Bank to secure a BAN for the parking lot. The rates discussed were approximately 1.4%.  No action was taken.

Code Enforcement Officer Gary Brecker arrived at 8:27 PM.  Discussion about the Ag District permitted uses law amendment regarding the re-use of old buildings to house indoor commercial businesses. The Code Officer was also asked for an opinion on the use of Ellen Ginrich’s Lotus Abode road.  The CEO responded that the Town’s primary concern is Emergency access.  

JUSTICE COURT ASSISTANCE PROGRAM RESOLUTION:

The following resolution was offered by Supervisor Leonard K. Pero of the Town of Brant, who moved its adoption:

Whereas: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts;

Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 22, 2014 deadline;

Be It Resolved: That the Town Board of Brant does hereby authorize the Supervisor to prepare, sign and submit a grant application entitled:

NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM 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.

Resolution was seconded by Councilman DeCarlo and duly put a vote, as follows:

Supervisor Leonard Pero Aye
Councilman DeCarlo  Aye
Councilman Kaczmarek  Aye
Councilman Clark  Aye
Councilman Gier  Aye                               

Resolution adopted

UNIFIED JUSTICE COURT AUDIT: Supervisor Pero spoke with Gail Prudenti in Albany of the Unified Justice Courts.  He stated that Gail instructed that the Town Board is to appoint 2 Board members (or an independent auditor) to review financial paperwork for the Justice Courts.  The appointment should be done annually at the Organizational meeting.  The financial reviews should be done throughout the year by those appointed by the Board.

SUNNKING ENVIRONMENTAL TOTALS:  Changes are being implemented by SunnKing for the Electronic waste pickups.  There will now be a 20 cents per pound fee charged to those dropping off old tube TV’s.  The Town, in turn will start charging $10.00 per tube TV for disposal.  The electronics dropped off during the One Stop event totaled 4,191 lbs.

SET HOURS AND DATE FOR HALLOWEEN TRICKS OR TREATS TOWNWIDE: Supervisor Pero asked that lights be left on outside for the children during trick or treat, which will be observed from 4 PM to 8 PM on October 31st. 
Supervisor Pero motioned to accept the above dates and times for Tricks or Treats, and was seconded by the balance of the Board.  5 ayes, 0 nays.  MOTION CARRIED.

SALT & GRIT AGREEMENT WITH LAKESHORE CENTRAL SCHOOLS:  Discussion about the need to obtain current pricing on salt and grit in order to quote the cost of salt to the Lakeshore School District.  Tabled until next meeting.

REPORT OF COMMITTEES:  

Supervisor Pero discussed a meeting he had with FNABGL regarding the Climate Smart Task Force.  Their next meeting will be held on October 3rd.  FNABGL will hold their next meeting on March 6h, 2015 where a Geothermal presentation will be held.  All are welcome to attend.

TOWN BOARD REPORTS:

COUNCILMAN GIER:  Looking into the parking lot work and researching ways to save the tree.  

COUNCILMAN KACZMAREK:  Nothing to report

COUNCILMAN CLARK:  Nothing to report.

COUNCILMAN DeCARLO:  Nothing to report.

SUPERVISOR PERO:  

• Supervisor Pero asked the Board to approve the “Code Of Conduct Handbook for the Police Department, per the request of Chief Donald Hepkins.
o Supervisor Pero motioned to approve the handbook, and was 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.
• Supervisor Pero noted multiple ways that the Town shares services to keep down costs.  The list will be sent to New York State per their request.
• Supervisor Pero read a report from the State Comptroller regarding how the Town of Brant’s scored in the State Comptroller’s report of Fiscal stress.  The Town scored at  12.9%   We scored at 22.5% in 2013. 
• Set 2015 Summerfest meeting to Monday November 3rd at 7:00 PM
• Attended 12 meetings in September

RECOGNIZED PRIVILEGE OF THE FLOOR:  

Secretary to the Boards Lynda Ostrowski updated the Board on the Town’s Facebook page. The posts are now withheld pending approval from one of the administrators. Therefore, unless a post is approved, it will not be visible to the public.

CORRESPONDENCE: 

Supervisor Pero received the following correspondence:

• Letter of resignation from Lee Brunelli.  Supervisor Pero noted that his resignation will be accepted with regret.  Supervisor Pero motioned to accept the resignation, and was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED.
• Time Warner letter spoke of changes to their programing.
• Angola Public Library will hold a fundraiser on October 25th.  Pre-sale tickets will be $20.00, or $25.00 at the door.
• Second October payment is 21.11% greater than same time in 2013.  The Year to date totals are 4.9% above 2013.

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Supervisor Pero read the following Abstract:

Abstract 10 of 2014
*Prepaid and unpaid as of October 14, 2014
Gen Fund Town wide Vouchers  Totaling: $63,216.59
Gen Fund – Part Town Voucher Totaling: $17,433.49
Highway T.W. Vouchers Totaling: $28,055.51
Highway P.T. Vouchers, Total $2,389.30
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher  totaling:   $2,357.07
CD Capital Projects: 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: unpd: None, Totaling:$0 

General Town Wide Payroll 8/24/14 - 9/20/14 Totaling: $44,079.87
General Part Town Payroll 8/24/14 - 9/20/14 Totaling: $623.96
Highway Payroll TW 8/24/14 - 9/20/14 Totaling: $1,425.47
Highway Payroll PT 8/24/14 - 9/20/14 Totaling: $6,557.12

Councilman Gier motioned to approve payment of Abstract 10, 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.  No roll call vote was taken.  MOTION CARRIED.

Next month, because the second Tuesday falls on a holiday (Veterans Day), the Town Board meeting will be moved to Wednesday November 12, 2014 at 7:00 pm.

At 9:04 PM, the Town Board was asked by Town Attorney William Trask to go into executive session on a legal matter.  Supervisor Pero motioned to go into executive session at 9:04 PM.  He was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED. 

At 9:09 PM, the Town Board returned from executive session.  Supervisor Pero motioned to close the executive session at 9:09 PM.  He was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED. 

The following resolution was presented by the Town Attorney for Board vote:

The Brant Town Board hereby authorizes Town Attorney William Trask to send a Notice of Potential Claim to Brock, Schecter & Polocoff, LLP, the firm who lost the Grant Writers records.  The Notice will advise the firm to alert their “Errors & Ommissions” underwriter of the potential claim.  

Supervisor Pero motioned to authorize the Town Attorney to send the Notice, and was 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.

At 9:11 PM, Supervisor Pero motioned to adjourn in memory of Mrs. Pantera who recently passed away, and was seconded by the balance of the Board.  5 ayes, 0 nays.    MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk