This Regular Meeting of the Brant Town Board was held on Tuesday, August 11, 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
Barbara J. Daniel, Town Clerk, Recording Secretary
Absent: Donald Clark, Councilman
Also present and signed in were:
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
Debra Ritz, resident
Brian Rott, resident
Denny Kane, resident
Alden Harwood, resident
Karl Simmeth, Assemblyman DiPietro’s representative
The meeting opened at 7:30 PM with a pledge to the flag.
APPROVAL OF THE JULY 14 AND JULY 29, 2015 TOWN BOARD MEETING MINUTES. Councilman Kaczmarek motioned to accept the minutes of the July 14th and July 29th Town Board meetings, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Kaczmarek moved and was seconded by Councilman DeCarlo to accept the Supervisor’s June 2015 Financial Report as presented. 3 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 June 2015 Regular Financial Report as read. He was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S JUNE 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve the June 2015 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: CEO Brecker presented his July report. Councilman Kaczmarek motioned to accept the report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S JUNE AND JULY 2015 REPORT: Dog Control Officer Barbara Daniel presented her
June and July Dog reports. Councilman DeCarlo motioned to accept the reports as read, and was seconded by
Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT JULY 2015: The July 2015 police report was presented by Chief Donald Hepkins. Councilman Kaczmarek motioned to approve the report as read, and was seconded by Supervisor Pero. 3 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR JULY 2015: The Town Clerk’s monthly activity report for July 2015 was presented by Clerk Daniel. Councilman DeCarlo moved to accept the Town Clerk’s July activity report as read, and was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD AND ZONING BOARD OF APPEALS REPORT: Secretary Lynda Ostrowski read the Planning Board and Zoning Board of Appeals report Attorney Trask commented on the Zoning Board of Appeals resolution as presented. He noted that in the current resolution, resulting from the Public Hearing of the Zoning Board for the variance application received from Robert Catalano to build a garage at 10034 Morley Road, where it is noted that the ZBA voted to “rescind” the Code officer’s decision to deny the application. He added that the ZBA’s decision does not rescind the Code officer’s decision. His decision still stands. He explained that a Variance is a request to “vary from the zoning code”. He added that the resolution did not describe what is being granted. He informed the Secretary that the ZBA must re-adopt the resolution corrected as follows:
• Strike the “rescind” statement from the record
• The resolution must specify what type of variance is being requested, i.e. is it a front yard, side yard, lot size, frontage?
• Variance must be granted for the MINIMUM that will work for the applicant
The Secretary stated that the ZBA is holding another Public Hearing on September 9th and will re-adopt the resolution at that time.
Councilman Kaczmarek motioned to approve the Planning Board and Zoning Board reports as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: Presented with the Planning Board report
RECREATION DIRECTOR’S REPORT: None received
PARKS COMMISSIONER REPORT: No report received
TOWN HISTORIAN REPORT: The Town Historian minutes were read by Supervisor Pero/ He commended the Historian for her hard work and noted their next meeting will be held August 19th at 7:00 PM. The Board did not vote to approve the report as presented.
FIRE DEPARTMENT REPORTS: No reports were received.
SENIOR’S REPORT: Minutes of the Senior’s August meeting were read by Secretary Lynda Ostrowski. The report noted that the Senior’s picnic was held on August 3rd. Janice Ross was named Senior of the month. Councilman Kaczmarek motioned to accept the minutes as read. He was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
ACKNOWLEDGMENT OF VISITORS:
Supervisor Pero asked Assemblyman DiPietro’s representative Karl Simmeth if he had anything he would like to speak about. Mr. Simmeth answered nothing, and that all things are going good in Brant. He has some issues in other Towns with drainage. And the Town of Holland has jumped on the Solar Band Wagon. He added that if anyone has an issue, they should contact Assemblyman DiPietro’s office.
OLD BUSINESS:
E-WASTE UPDATE: Supervisor Pero summarized the tire and ewaste drop off from July. Town residents dropped off 53 tires and 13 electronic items. The next date for drop offs will be August 29th (last Saturday of each month). Also, the County informed the Town that the County will be financing the next One Stop Drop which will be held at the Highway Barn on October 3rd starting at 9:00 AM. They will be accepting paint, oils, light bulbs, etc. It will be the same as the one sponsored by the Town in 2014 but this one will be paid for by the County.
CONCEPTUAL PLAN FOR LAKE PROPERTY PURCHASE: Supervisor Pero noted that the Town is going to wait to approve the conceptual plan as quoted by Engineering firm GHD.
PUBLIC MEETING TO BE HELD ON AUGUST 19 AT 6:00 PM REGARDING LAKE PURCHASE: Supervisor Pero announced that a Public Meeting to inform the residents of their interest in purchasing the lakefront property currently owned by Lotus Abode, LLC. Those interested are asked to attend to become informed, and express any concerns they may have.
NEW STREET LIGHT TO BE INSTALLED AT POLE #169 ON MILESTRIP RD: Supervisor Pero noted a request from spring of this year to have a new streetlight installed on Pole #169 on Milestrip Rd. The installation requires Town Board approval. Supervisor Pero motioned to approve the installation and was seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 3 ayes, 0 nays. MOTION CARRIED.
NEW BUSINESS
DECLARING TOWN OF BRANT LEAD AGENT IN LAND ACQUISITION OF LOTUS ABODE, LLC: Supervisor Pero then read the following resolution naming the Town of Brant as Leag Agent for the acquisition of Lotus Abode LLC lands:
RESOLUTION OF THE BRANT TOWN BOARD DECLARING LEAD AGENCY STATUS
(Town of Brant Acquisition of Lotus Abode LLC lands)
WHEREAS, the Town Board of the Town of Brant, Erie County, New York is considering acquiring lakefront lands for a Town Park from Lotus Abode LLC, and
WHEREAS, the Town Board seeks to commence proceedings pursuant to the requirements of the State Environmental Review Act (“SEQRA”), 6 NYCRR Part 617,
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Brant hereby declares itself as “Lead Agency” for the purposes of compliance with SEQRA, 6 NYCRR Part 617 in connection with this project, and it is further
RESOLVED, that the Town Board shall undertake and complete all duties and obligations as “Lead Agency” as required by 6 NYCRR Part 517.
Dated: August 11, 2015
Supervisor Pero then motioned to adopt the resolution as presented, naming Town of Brant as Lead Agency. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 3 ayes, 0 nays. MOTION CARRIED.
Attorney Trask then noted that GHD will now complete the E.A.F. (Environmental Assessment Forms) to the project.
LETTER OF RESIGNATION: Supervisor Pero read a letter from Patrolman Clayton Reed. In the letter, he notified the Town that he had taken a position with the City of Buffalo who notified him that he is not permitted to take other employment as a police officer anywhere else during his 18 month probationary period. Supervisor Pero motioned to accept the resignation, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.
At this time, Chief Hepkins clarified that Officer Reed was not resigning, but asking to remain on until his 18 month probation is completed, allowing him to return to work in Brant. Supervisor Pero motioned to rescind the acceptance of his resignation, and instead, acknowledged his request to remain on, without working until after his 18 month probationary period expired. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD MEMBER APPOINTMENT: Supervisor Pero motioned to appoint Kathy Vespa to the position of Zoning Board member to replace Bill Friend, who resigned. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.
REQUEST TO EXTEND THE CONTRACT WITH BESTWAY DISPOSAL FOR ANOTHER YEAR: Supervisor Pero noted that he would like to extend the contract with Bestway Disposal another year. They did request a small increase. Supervisor Pero felt their pricing saved the Town thousands. Attorney Trask advised the Board that the contract, which had already enjoyed a one year extension, was up for competitive bid. No vote was taken. A request for bids will be drafted soon.
REPORTS OF COMMITTEES:
Tech Committee:
Barbara Daniel updated the Board on the progress of the new website. The site is coming along nicely and should be going live soon.
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Councilman Kaczmarek noted that the Lake Shore Youth Football has begun their season and will be done the first week of November. He is looking into an electronic sign for the park entrance that will promote park events such as concerts, games, etc.
COUNCILMAN CLARK: Absent
COUNCILMAN DECARLO: He noted that the new police car (Tahoe) needs an updated computer laptop. The Chief looked into the new laptop. The one he is requesting approval to purchase is priced at $3,078 which is on State Bid. The price includes installation. Councilman DeCarlo motioned to approve the purchase, and was seconded by Supervisor Pero. A roll call vote was taken: Councilman DeCarlo-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR PERO:
• Recreation ends August 15th
• Pool closes August 30th
• Drop Boxes for needles and old drugs are now in place in the Town Hall
• Solar Liberty has been told to move forward on the Solar Phase 1 project
• Parking Lot at Town Hall will begin mid September and the total cost should remain under $20,000
• Supervisor Pero attended 13 meetings in June
o Noted a barn dance to be held on August 29
o Noted that Town Supervisors will be holding a special meeting on Sept. 1st dedicated to addressing the State’s Tax Cap which will starve residents of services, and possibly cause an increase or creation of user fees.
RECOGNIZED PRIVILEGE OF THE FLOOR: Alden Harwood asked the Board how they will get the word out about the public meeting that will be held on the 29th of August to inform the residents about the possibility of the lake property purchase. Supervisor Pero answered they will advertise in the SUN and local Pennysavers.
CORRESPONDENCE:
Supervisor Pero received the following correspondence:
• Letter from Erie County Health Dept regarding a sanitary survey they conducted on the Town. No asbestos on pipes. They granted the Town a waiver from monitoring.
• Flu Vaccinations at Community Bldg to be held October 24th from 10 AM to 2 PM.
• Sales Tax August 2nd Sales Tax payment is 8.3% below the corresponding 2014 but .83% above Year To Date figures
• Letter from Time Warner cable regarding changes they are making
• Letter from Office of Real Property. The Town’s equalization rate is now at 87%. It will eventually have to undergo another re-evaluate. He then noted that Elma is at 4.6%
• West Valley Task force letter shows concern for erosion, etc.
• The second quarter CDBG report was received and is available to anyone interested
Supervisor Pero read the Abstract:
¬¬¬¬¬¬
Abstract 8 of 2015
*Prepaid and unpaid as of August 11, 2015
Gen Fund Town wide Vouchers Totaling: $36,346.59
Gen Fund – Part Town Voucher Totaling: $51,578.03
Highway T.W. Vouchers Totaling: $5,523.30
Highway P.T. Vouchers, Total $59,762.90
Fire Protection: Vouchers: Totaling: 0
Street lighting: Voucher totaling: $2,039.69
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 06/28/15 - 7/25/15 Totaling: $69,237.74
General Part Town Payroll 06/28/15 - 7/25/15 Totaling: $633.30
Highway Payroll TW 06/28/15 - 7/25/15 Totaling: $267.54
Highway Payroll PT 06/28/15 - 7/25/15 Totaling: $8,025.63
Councilman DeCarlo motioned to approve Abstract 8 as presented, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARIED.
Supervisor Pero then read the following four vouchers that did not make abstract 8. The Town Clerk asks for approval to pay them with prepays on Abstract 9. They were read as following:
Request Audit & Pre-Approval payment on Abstract 9
W.B. MASON (OFFICE SUPPLIES) $76.78
ANGOLA PENNYSAVER $182.63
NOCO ENERGY (FUEL POLICE) $2,474.64
GREYLINE SIGNS (SIGNS FOR POOL) $250.00
TOTAL.........................................................................$2,889.17
Councilman DeCarlo motioned to approve the above listed four vouchers to be paid with pre-pays for Abstract 9. He was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARIED.
Supervisor Pero then announced the next regular Town Board meeting as September 8, 2015 at 7:30 PM. Also, a public information meeting will be held on August 19th, 2015 at 6:00 PM regarding the lake property purchase.
Supervisor Pero motioned to adjourn the meeting at 8:35 PM in honor of Jeanne Winters and Jordan Capitano who recently passed away. The balance of the Board seconded the motion. 3 ayes, 0 nays. MEETING ADJOURNED.
Respectfully Submitted,
Barbara J Daniel, Brant Town Clerk
