This Regular Meeting of the Brant Town Board was held on Tuesday, June 9, 2015 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
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman
Councilman Donald Clark
Barbara J. Daniel, Town Clerk, Recording Secretary
William Trask, Sr., Town Attorney
Also present and signed in were:
Lee Brunelli, resident
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Ronald Kobel, Resident
Joseph Giambrone, Highway Superintendent
Donald Hepkins, Chief of Police
Joyce Ellis, resident
Joe Wittenzellner, resident
Debra Ritz, resident
Brian Rott, resident
Patty Friend, Town Historian
Mark Cavacoli, CRA/Town Engineer
Brian Campbell, Hamburg SUN reporter
The meeting opened at 7:30 PM with a pledge to the flag.
APPROVAL OF THE MAY 12, 2015 REGULAR TOWN BOARD MEETING. Councilman DeCarlo motioned to accept the minutes of the May 12th meeting, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman DeCarlo to accept the Supervisor’s April 2015 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
BUDGET MODS: Supervisor Pero presented the following Budget Modifications:
SUBJECT: Recommended Budget Modification # 1 as of : March 31st, 2015
Please make a resolution at the regular Town Board meeting on June 9th 2015 to approve the
following Budget Modifications to the 2015 Adopted Budget.
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide (A)
$ 2,034.00 (DR) Decrease A1460.21 Records Management Grant Equip & Cap Out
$ (2,034.00) (CR) Increase A1460.11 Records Management Grant Pers Serv $ 2,034.00
$ 166.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (166.00) (CR) Increase A1910.4 Unallocated Insurance Contr Expend $ 165.16
$ 464.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (464.00) (CR) Increase A9040.8 Workmens Compensation Employee Benefit $ 463.84
Highway Fund - Townwide (DA)
$ 240.00 (DR) Decrease DA9060.8 Medical & Dental Insurance Employee Benefit
$ (240.00) (CR) Increase DA9040.8 Workmens Compensation Employee Benefit $ 239.70
Highway Fund - Part Town (DB)
$ 341.00 (DR) Decrease DB9060.8 Medical & Dental Insurance Employee Benefit
$ (341.00) (CR) Increase DB9040.8 Workmens Compensation Employee Benefit $ 340.91
Councilman DeCarlo motioned to approve the above budget modification, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Clark moved to accept the Town Clerk’s April 2015 Regular Financial Report and the Tax Collection Financial Report. He was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S APRIL 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve the April 2015 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: CEO Brecker presented his May report to the Board.
Councilman Clark motioned to approve the report as read, and was seconded by Supervisor Pero. 4
ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S MAY 2015 REPORT: Dog Control Officer Barbara Daniel summarized her
Report for May 2015. Councilman Kaczmarek motioned to approve the report as read, and was
seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT MAY 2015: The April 2015 police report was presented by Chief Donald Hepkins.
Councilman DeCarlo motioned to approve the report as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR MAY 2015: The Town Clerk’s monthly activity report for May 2015 was read by Clerk Daniel. Two items were presented by the Clerk to the Town Board for consideration. Item number one was a request for refund received from a renter who asked for a refund of their security deposit for a cancelled rental of July 12, 2015. The Town Board responded that they did not want to set a precedent by issuing a refund on the cancellation since the contract clearly states, no refunds unless a substitute renter can be found. Therefore, unless a substitute can be found, the renter will not be issued a refund of their security deposit. The second item presented to the Board for consideration was a request by the Town Clerk to set a price in the event someone needs a photocopy to be made with the new scanners. The clerk advised a fee of $9.00/ft for color copies of 36” wide and $3.50/ft for B/W copies of 36” wide. The Board as a whole declined setting a fee. No fee was set. Councilman Clark moved to accept the Town Clerk’s May Activity report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Councilman DeCarlo read the Planning Board report, as the secretary had to not arrived at the meeting yet. Councilman Kaczmarek motioned to approve the report as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: No meeting was held
RECREATION DIRECTOR’S REPORT: No report was submitted but the following important dates were mentioned: June 27 pool opens, July 6th is the first day of Brant Summer Recreation.
PARKS COMMISSIONER REPORT: No report received
TOWN HISTORIAN REPORT: The Town Historian minutes were read by Town Historian Patty Friend. Their next meeting will be held June 17. The report reminded those interested may obtain a special postmark on June 20 at the Brant Post Office in honor of Veterans. Rosalee “Tish” Hill created Brant’s Vietnam Cancel (6/20/2015) and Farnham Lincoln Cancel which will be available 6/30/2015 in Brant
Councilman Kaczmarek motion to accept the Town Historian’s minutes as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: No reports were received.
SENIOR’S REPORT: Minutes of the Senior’s April meeting were read by Councilman DeCarlo. Supervisor Pero motioned to accept the minutes as read. He was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
OLD BUSINESS:
D.O.T. – Park work completed (FEMA): Supervisor Pero updated the Board on the status of the reimbursement money from FEMA regarding the November storm. He stated that he sent in the completed forms for all the requested reimbursements, except the culvert and bridge portions, since the work is not completed yet. He noted that the culvert on Maiden Lane is completed, but the one on the dead end of Hammond Rd will be repaired next. The amount approved by FEMA was $78,394.90, however Supervisor Pero heard that FEMA usually pays approximately 74% which would then be $58,796.18.
PUBLIC HEARING 8:00 PM: Old Business was interrupted to hold the Public Hearing scheduled for 8:00 PM. The Public Hearing is being held to discuss and vote on the granting of a Special Use Permit for Ben Weitsman LLC.
Supervisor Pero instructed the Town Clerk to read the Legal Notice at 8:00 pm:
LEGAL NOTICE
TOWN OF BRANT TOWN BOARD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 9th day of June, 2015 at 8:00 P.M. local time for the purpose of considering the Special Use Permit application of Weitsman Brant Realty, LLC, Adam Weitsman d/b/a Ben Weitsman of Brant LLC and Adam and Ben Weitsman to operate a junk and salvage yard located at 1132 Brant Farnham Rd. within the Town of Brant New York.
All interested parties will be given an opportunity to be heard.
Dated: May 29, 2015
By order of the Brant Town Board
BARBARA DANIEL
BRANT TOWN CLERK
Supervisor Leonard Pero motioned to open the Public Hearing, and was seconded by Councilman Chad Kaczmarek.
Supervisor Pero asked if anyone present would like to speak regarding the application for special use.
Scott Gangloff of Hardpan Road: Expressed concern over the continued Sunday hours and the amount of traffic on Hardpan Road. He also questioned why there is no construction starting on the promised stone wall.
Mark Mogavero of Brant Farnham Rd: Complained about their drain lines which collapsed due to the vibration of the ground. The damaged drain lines will cost $3,500 to replace.
Code Enforcement Officer Gary Brecker: Stated he hears a lot of complaints, but has received nothing to substantiate the claims.
Debra Ritz of Mile Block Rd: Stated that the Town issued the Special Use Permit based on the business being run same as previous owner. She suggests the new owner be sited when their use changed.
Joseph Wittenzellner of Brant Farnham Rd: Questions why the wall construction has not begun as promised by Weitsman. Councilman Kaczmarek replied that the blocks are on order. They will cost $47,000. He mentioned that perhaps the Board can give them a deadline for completion.
Joyce Ellis of Brant Farnham Rd: Joyce recapped her feelings on the business stating the noise levels are very high. She noted that the heavy trucks are still using Hardpan Road. She believes that this was not a transfer of an old business. She questioned what happened to the petition she gave the Board at the previous public meeting. She noted that the petition bore 21 signatures and questioned why the Board did not acknowledge it. Discussion began regarding the type of business Weitsman is. Joyce claimed they have a shredder to process the scrap. The Board responded that Weistman only compresses the scrap. Joyce then distributed a road comparison sheet to the Board.
Councilman Clark: Noted that he did some research of the Master plan. He noted that Route 249 (Brant Farnham Rd) is listed as a bad Road according to the State. Supervisor Pero responded that the Road is now new so that is old information. Councilman Clark also noted 6 references in the Master Plan mentioning that the Town should clean up the scrap yards.
Resident Debra Ritz: Asked if there was any consideration put into the road hazards with trucks driving on Route 249. Supervisor Pero responded that the Town cannot regulate who can drive on Route 249.
Resident Scott Gangloff: Reiterated his complaint about the business exceeding the hours of operation, going against what they promised.
Councilman Donald Clark: Suggested the Town Board refer the Special Use Permit application back to the Planning Board for further review.
Councilman Mark DeCarlo: noted that strict conditions will be imposed on the Special Use Permit.
Upon closing of discussion, at 8:26 PM, Supervisor Pero motioned to close the Public Hearing. Councilman Kaczmarek seconded the motion. 4 ayes, 0 nays. PUBLIC SESSION CLOSED.
Supervisor Pero then read aloud the conditions that would be imposed if the Board votes to grant the permit. The Special Use Permit which would remain in effect from July 1, 2015 to June 30, 2016. This list of conditions will be mailed to Adam Weitsman for signature:
Conditions for Special Use Permit being issued on June 9, 2015, effective July 1, 2015, to the following applicant/operator_________________________________________
This Special Use Permit allows the applicant/operator to operate a junk and salvage yard located at 1132 Brant-Farnham Road in the Town of Brant, Erie County, New York.
By signing below, the applicant/operator understands that the site is not zoned for the permitted use without this special use permit and further understands that the proximity of this site to residential uses requires constant vigilance and consideration of the impact of the junk and salvage yard operations on those neighboring residential properties. Accordingly, the applicant/operator understands and agrees that the following conditions must be strictly followed as a condition of this Special Use Permit which expires June 30, 2016, unless terminated or modified earlier as a result of enforcement proceedings:
1. The hours of operation are limited to the following:
7am to 6pm Monday thru Friday. On these days equipment will operate no
earlier than 8am and no later than 5pm. Saturday operation will be from 7am to
4pm and equipment will operate no earlier than 8am and no later than 4pm.
Sunday operation is 7am to 2pm with no equipment operations on Sunday.
2. No Weitsman tractor trailers will be inbound after 4pm; but trucks already at the facility being loaded may be loaded and allowed to exit the facility before closing. Hardpan Road will not be used by Weitsman trucks, and all trucks coming to or leaving the facility will be directed to use Route 249 when routing to or from Route 20.
3. The fence will be replaced this spring along with landscaping and new blacktop in the yard to cut down on dust. Such work to be completed and inspected by the Brant Code Enforcement Officer by September 9, 2015.
4. The yard lights will be operated and directed in such a manner as to cause no impact on neighboring residential properties.
5. Applicant/operator will not modify existing site and/or improvements located thereon without first submitting proposed changes to the Town of Brant for approval once the impact of the proposed changes or modifications upon the neighboring residential properties has been assessed and considered. All such changes or modifications shall be presumed to be changes to the allowable use under this special use permit.
Attorney Trask noted the need to clarify the fence required. He advised to note in the conditions that a block type retaining wall standing at least 8 feet high replace the current wooden structure. Per Attorney Trask, condition number three will be edited accordingly.
[Clerk’s note:] condition number three will be re-worded as follows:
3. The current road side fence along Route 249 and Hardpan Road will be replaced by a block type retaining wall and shall stand at least 8 feet high. The current fence will be replaced this spring along with landscaping and new blacktop in the yard to cut down on dust. Such work to be completed and inspected by the Brant Code Enforcement Officer by September 9, 2015.
At 8:37 PM, Supervisor Pero motioned to approve the issuance of the Special Use Permit provided the above conditions are agreed to and obeyed, and the operator signs off in agreement. Acknowledgement of the above conditions shall be in writing, bearing the signature of the applicant/operator. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman Clark-nay, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.
3 ayes, 1 nay. MOTION CARRIED.
OLD BUSINESS (CONT’D):
E-WASTE AND TIRE DROP OFF INFORMATION: The next E-waste and tire drop off will be held June 27th 9 AM to 12 PM behind the Highway Barns on Brant Farnham Rd. The cost to drop off tires and electronics will be free for residents. Non residents will be charged $2.00/tire and $3.00 each for televisions and monitors with tubes.
COURT GRANT: Supervisor Pero recapped the items purchased with the recent Court grant. The grant was in the amount of $6,594.93 but the items purchased ended up totaling $5,311.77 with efforts to obtain the best prices on all items, the town’s out of pocket expense is now $541.78 rather than $1,824.94.
NEW BUSINESS:
RECREATION BUS CONTRACT: Supervisor Pero requested the Board authorize him to renew the contract with Lake Shore School for use of their Buses for the Brant Recreation at a rate of .90 cents per mile. Councilman Clark motioned to approve the contract and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
SOLAR LIBERTY PROJECT: Supervisor Pero acknowledged the application submitted for the Solar Panels, which required a June 1st deadline for incentives. He requested the Board ratify the application that was sent. Councilman DeCarlo motioned to approve the application, and was seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then explained that since Senator Grisanti was defeated, the Supervisor has been working hard to find out where the money is that was promised for the solar panel project. He is currently talking with Senator Panepinto and Senator Gallivan and due to the turmoil in Albany, they are unable to locate the funding for the project. The Governor’s office is going to assist with research. However, in the meantime, the Governor put into place some of the incentives that were recently taken away. Because of the June 1st deadline, they signed a non-binding contract with Solar Liberty to install a 192,000 Kw solar panel at the Town’s old dumpsite on Hardpan Rd. Solar Liberty would pay for the project, and the Town would then pay them. This project would allow the Town to enjoy 50% off the electric bills, including the street lighting.
LIGHTENING DAMAGE TO PHONES: Supervisor Pero mentioned receipt of the bill from NFP to repair the phone system after the recent lightening strike. The total after NFP’s donations and discount is $1,900.00.
BOND COUNCIL FOR ONE YEAR BAN (5) FOR TOWN HALL PARKING LOT: Supervisor Pero read aloud and motioned to adopt the following resolution:
BE IT RESOLVED, by the Town Board of the Town of Brant, in the County of Erie, New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:
SECTION 1. The Town is hereby authorized to undertake the reconstruction of and construction of improvements to the Town Hall parking lot, including all preliminary work and necessary equipment, materials and related site work and all preliminary costs and other improvements and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $65,000.
SECTION 2. The Town Board plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate amount not to exceed $65,000 of the Town, hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county and/or local funds received. Unless paid from other sources or charges, there shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 3. It is hereby determined that the Purpose is an object or purpose described in subdivision 20(f) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is ten years; however, the bonds issued pursuant to this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, will mature no later than five years from the date of original issuance of such bonds or notes.
SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds.
SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.
SECTION 6. The faith and credit of the Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation will be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, there will annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.
SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of such notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized including, but not limited to, authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of the sale of such bonds, and the renewals of such notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town. Without in any way limiting the scope of the foregoing delegation of powers, the Town Supervisor, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the Town.
SECTION 8. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution. The Town then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.
SECTION 9. The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.
SECTION 10. The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
SECTION 11. The Town hereby determines that the Purpose is a Type II action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQRA”) is required.
SECTION 12. In the absence or unavailability of the Town Supervisor, the Deputy Supervisor is hereby specifically authorized to exercise the powers delegated to the Town Supervisor in this resolution.
SECTION 13. The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:
1. (a) such obligations were authorized for an object or purpose for which the Town is not authorized to expend money, or
(b) the provisions of the law which should be complied with as of the date of publication of this notice were not substantially complied with
and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication of this notice, or
2. such obligations were authorized in violation of the provisions of the Constitution of New York.
SECTION 14. The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in the official newspaper(s) of the Town, or if no newspaper(s) have been so designated, then in a newspaper having general circulation in the Town, which newspaper shall be designated by the Town Board in a separate resolution.
SECTION 15. This resolution is effective immediately.
* * *
Councilman Kaczmarek seconded the motion. The foregoing resolution was thereupon declared duly adopted. The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows: Supervisor Pero- aye, Councilman Kaczmarek-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
RESOLUTION ADOPTED
Supervisor Pero then elaborated that the $100,000 bond will be split as follows:
$65,000 for the Town Hall Parking lot and
$35,000 for the Town’s acquisition of park land (16 acres). The park acquisition requires a SEQR, for
which the services of CRA would be necessary.
Further discussion began regarding the park land acquisition, and the required SEQR. Supervisor Pero noted that the Town would like to retain the services of CRA to advise them on the requirements for this project. CRA representative Mark Cavacoli asked Supervisor Pero if the $35,000 is the cost of the land. Supervisor Pero noted that the purchase would be roughly $20,000 plus legal costs, and the difference would be used for improvements needed at the location. Attorney Trask then advised the Board that if CRA would be retained to assist in the process, it would be prudent for them to authorize the Supervisor to sign the EAF application that is required to start the SEQR process, and to declare the Town of Brant as Lead Agent in the application.
Supervisor Pero acknowledged the Attorneys recommendation as stated above during discussion, and asked for a motion to authorize the Supervisor to sign the EAF, and to declare the Town of Brant as Lead Agent. Councilman Clark made the motion and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then began discussion regarding 55 acres of lake property the Town is considering purchasing. Attorney Trask advised the Supervisor to withhold discussion since that project is pre-contractual at this point.
CRA is being retained under its professional services contract to provide consulting services to the Town related to this proposed acquisition project. Mr. Cavacoli then interjected that the Town may retain the services of CRA as stated in Section 1 as the retainer that would allow CRA to attend important meetings such as this one. Then in Section 1.2 Additional Municipal Engineering Support Services that would allow the Town to obtain a proposal and quote for any proposed project they would be retained for. CRA can’t give you a price until they know what it is you want. Therefore, you cannot discuss this publicly because you have not entered into contract yet. Attorney Trask then advised the Board to hold a brief executive session at the end of the meeting to discuss with Mr. Cavacoli what they are asking for. This would allow him to go to CRA and obtain a proposal and quote.
RETAINING CRA SERVICES – LAKE LAND ACQUISITION: Supervisor Pero then made the motion to ask CRA to provide a proposal for Professional Engineering services in connection with a possible acquisition of lakefront land to be discussed further in executive session. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
Mr. Cavacoli then notified the Board for the record that CRA recently merged with a company by the name of GHB out of Australia. As a result, CRA’s official name will be GHB Engineering Services. There will be no personnel changes in their Buffalo Office. There will also be no changes in the services they provide.
PERSONNEL APPOINTMENTS: Supervisor Pero then listed a few personnel appointments for approval:
Hannah Renaldo: Recreation Counselor @ $8.75/hr
Rachel Cornell: Bus Driver @50.00/day or $120.00 day for field trips
Lifeguards: Removing Robert Gerow
Adding Tim Jakiel @ $9.75/hr
Custodian: Shiela Rauker (temporary replacement of Goldie DeSaverio) @ $10.50/hour.
Supervisor Pero motioned to approve the appointments as presented, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
COMPUTERSEARCH TIME CLOCKS: Supervisor Pero acknowledged that the Town hand stamp time clocks are outdated. The cost to upgrade (to AE 2.3 @ $3972.00) which includes a discount for early upgrade. Upgrading the soft key would be $275.00. Adding the block of an additional 50 employees would be an addition $1,400.00. A block of the maintenance to cover the additional 50 employees is $280.00. A hand punch cover/protector for the highway garage unit would be $578. A PSIT installed would be $198.00. The total cost proposed would be $5,554.40. Supervisor Pero noted that the Town does not need the additional block of 50 employees, which would reduce the cost by $1,400.00. We can then eliminate the maintenance on the 50 additional employees reducing cost by another $280.00. He went on to state that he didn’t feel the hand punch protector was unnecessary for the highway garage, which saves $578.00. If the items mentioned are removed, the total cost would be $3,296.40. The upgrade requires 50% down and 50% due upon completion. The hand scanners will not be usable without the upgrades. Councilman Clark asked if the Town will enforce using them. Supervisor Pero said yes. He added that if they don’t use the scanner, they don’t get paid. He suggested the use of punch cards for recreation staff. Police Chief Donald Hepkins expressed disagreement that the police department be required to punch in using the hand stamp time clock. He added that the officers are required to sign in on their system which documents their start times. Supervisor Pero responded that the reason the Town must use these scanners is because of the police department. Supervisor Pero stated they can discuss this later and motioned to approve the upgrade to time clock at a cost of $3,296.40. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-nay. 3 ayes, 1 nay. MOTION CARRIED.
OFFER FROM BUFFALO MOTOR AND GENERATOR: Supervisor Pero acknowledged something presented to him by one of the Brant Police Officers. Recently, a nursing home placed a deposit on the purchase of a 120,000 Kw gas operated generator. The representative quoted the Town $46,000 because the nursing home paid part of the cost before cancelling their order. The original cost would have been $56,000.00. Supervisor Pero expressed that it was more than the Town should be spending. The Board did not act on this offer.
MISCELLANEOUS:
ROAD CLOSURE APPROVAL: Supervisor Pero asked the Board to approve the closing of Route 249 on Saturday June 20 at 6:00 PM to 7:00 PM from the Brant Park going east to Morley Road for the 5K run. Also, he requested approval to close Hammond Road and Route 249 from Hammond to Hardpan Road on Sunday June 21st at 1:00 PM for the parade. Attorney Trask advised the Supervisor to be sure to check with the State before closing the roads. Supervisor Pero will look into it. Supervisor Pero motioned to approve the road closures, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
COMMITTEE REPORTS:
TECH COMMITTEE REPORT: The Town Clerk updated the Board to the progress of the new website. It will not require any special software to be updated. Councilman DeCarlo will be making final decisions as to designs and layouts proposed.
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Working on the Brant Summerfest
COUNCILMAN CLARK: Noted that all concert contracts have been signed. Paul Zittel will perform on
July 6. The concession stand will be open and there will be a 50/50 to benefit the Seniors. Thanked
Lynda Ostrowski and Karen Herc for their assistance with the contracts.
COUNCILMAN DECARLO: Attended the recent Planning Board meeting.
SUPERVISOR PERO:
• Hosting the Association of Erie County Government dinner/meeting at the Community Bldg on the 18th of June at 6:00 PM. Requests Board members to attend.
• Tax freeze paperwork has been successfully submitted. This paperwork is required for taxpayers to receive their refund checks from the Governor because the Town kept tax increases below 2%
• The Town will be receiving free trees to plant in an effort to prevent soil erosion. Example of the some of the trees are 40 Australian Pines, 110 Japanese Larch, 39 Spice Bush, etc. Allen Nolan will be planting them in the park.
• D21 Program requested presentations regarding the Town’s proposed use of Solar Power as a way to conserve energy. The presentation he submitted noted the proposed installation of Solar Panels and wind mills at the old dump site on Hardpan Rd. He proposes that the energy generated would be sold to the Grid, who would then credit the residents on their electric bills. The Governor is going to issue a grant, and he is hoping the plan he submitted is chosen.
• Supervisor Pero attended 16 meetings in May
• Last Summerfest meeting will be held June 10th at 7:00 PM. The meeting will be held to finalize things. Supervisor Pero briefly summarized some of the events that were scheduled.
• Supervisor Pero read the following WALL OF FAME INDUCTEE TO BE HONORED “WAYNE FALK”
Supervisor Pero motioned to adopt the Wall of Fame dedication to Wayne Falk and was seconded the by the entire Town Board. 4 ayes, 0 nays. MOTION CARRIED.
RECOGNIZED PRIVILEGE OF THE FLOOR: No one spoke
CORRESPONDENCE:
Supervisor Pero received the following correspondence:
• Sales tax revenue as of June 5th is 3.48% above the corresponding payment in 2014. The Year to Date amount is up .43% from 2014
• Supervisor Pero read a letter requesting a change in the way Board of Assessment and Review members are paid. The Board will be asked to approve the changes. The letter from James Hooge, Chairman of the Board of Assessment and review read as follows:
To: Brant Town Board
Re: Board of Assessment Review
Dear Board members,
At the Organizational Meeting on January 2, 2015, the stipend for BOAR members was established as $100.00 per member annually, they attend all sessions of just one.
This is inconsistent with other boards where they are paid according to the meetings attended.
I recommend that the Board members get paid as follows:
1. If there are no grievances to review:
a. $25.00 – Morning session
b. $25.00 – Evening session
c. $25.00 – Deliberation Meeting
d. $25.00 Determination Meeting
2. If a deliberation meeting is not needed:
a. $33.00 – Morning session
b. $33.00 – Evening session
c. $34.00 – Determination Meeting
Sincerely,
James Hooge, Chairman
When Supervisor Pero finished reading the letter, asked for a motion to approve the change in how Board of Assessment and Review members are paid. It was also noted that this method of payment will also be noted in the Organizational meetings. Councilman DeCarlo motioned to approve the change in pay, and was seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
CORRESPONDENCE (CONT’D)
• NEST LETTER: Discussed the proposed “Paint Stewardship” and “e-Waste” law changes.
• Letter from Time Warner: proposed changes in their programming
• EQUALIZATION RATE 87%: A letter from the State Department of Taxation noted that the Town of Brant is at 87% equalization rate. Supervisor Pero stated we will state at that rate. Buffalo is at 88%, Alden is at 47%, Amherst is at 100% and Hamburg is at 54%.
• INVITATION TO VILLAGE TO REVIEW MASTER PLAN: Planning Board chairman recommends the Town invite the Village of Farnham to participate in the Master Plan review.
Supervisor Pero read Abstract 6:
¬¬¬¬¬¬
Abstract 6 of 2015
*Prepaid and unpaid as of June 9, 2015
Gen Fund Town wide Vouchers Totaling: $28,414.34
Gen Fund – Part Town Voucher Totaling: $5,129.92
Highway T.W. Vouchers Totaling: $4,721.41
Highway P.T. Vouchers, Total $5,550.75
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $2,180.64
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: $0
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 4/19/15 - 5/30/15 Totaling: $43,788.20
General Part Town Payroll 4/19/15 - 5/30/15 Totaling: $633.30
Highway Payroll TW 4/19/15 - 5/30/15 Totaling: $4,202.63
Highway Payroll PT 4/19/15 - 5/30/15 Totaling: $4,145.02
Supervisor Pero motioned to approve the payment of Abstract 6 as listed above. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
******************************************************************
Supervisor Pero then read the requested pre-approval of the following vouchers for prepayment on Abstract 7:
NOTE: Request Pre-approval for Abstract 7
Michele Browning – Mileage 1/13 to 6/4 $181.68
Time Warner – Senior Comm Bldg bill $156.14?
Community Papers of WNY $12.04
Bestway Container Service $7,542.50
Crowd Control Store – (Police) $605.57
Walmart Credit Card $54.22
Dell $488.29
Nicholas Burbige $50.00
USDA, Rural Development $15,782.50
TOTAL.......................................................................................................$24,872.94
Supervisor Pero motioned to approve for pre-payment the above noted vouchers on Abstract 7 of 2015. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
The Next Board meeting will be held July 14, 2015 at 7:30 PM.
At 9:48 PM, Supervisor Pero motioned to enter executive session. No decisions will be rendered during the session, which will be held for Contract Negotiations.
At 10:25 PM the Board closed their executive session with a motion from Supervisor Pero, seconded by Councilman Kaczmarek.
Supervisor Pero motioned to adjourn at 10:26 PM, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk
