This Regular Meeting of the Brant Town Board was held on Tuesday, October 13, 2015 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 Mark DeCarlo, Councilman Chad Kaczmarek, Councilman Barbara J. Daniel, Town Clerk, Recording Secretary ABSENT WAS: 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 Patty Friend, Town Historian Ronald Kobel, Resident Joseph Giambrone, Highway Superintendent Donald Hepkins, Chief of Police Debra Ritz, Resident Brian Rott, Resident Joyce Ellis, Resident Peter Chiavetta, Resident Lynda Mason, Resident Brian Campbell, SUN Reporter Frank Gugino, Resident Susan Gugino, Resident Joe Gardyjan, Resident The meeting opened at 7:00 PM with a pledge to the flag. APPROVAL OF THE SEPTEMBER 8, 2015 TOWN BOARD MEETING MINUTES. Councilman Kaczmarek motioned to accept the minutes of the September 8th Town Board meeting, 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 August 2015 Financial Report as presented. 3 ayes, 0 nays. MOTION CARRIED. SUPERVISOR’S BUDGET MODIFICATIONS: Supervisor Pero read the following budget modifications as recommended by the Town Accountant: UNABLE TO DISPLAY. TO VIEW BUDGET MODS, SEE TOWN CLERK'S OFFICE Councilman DeCarlo motioned to approve the budget modification as presented and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, and Supervisor Pero-aye, 3 ayes, 0 nays. MOTION CARRIED. Supervisor Pero then acknowledged the Highway Secretary Janice Ross for her work with CHIPS that will possibly bring in $49,629.75 in revenue to the department, rather than the $18,000 budgeted. TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Supervisor Pero moved to accept the Town Clerk’s August 2015 Regular Financial Report as read. He was seconded by Councilman DeCarlo, 3 ayes, 0 nays. MOTION CARRIED. COURT CLERK’S AUGUST 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve the August 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 not Present, Supervisor Pero presented CEO Brecker’s September report. Councilman DeCarlo motioned to accept the report as read, and was seconded by Councilman Kaczmarek, 3 ayes, 0 nays. MOTION CARRIED. DOG CONTROL OFFICER’S SEPTEMBER 2015 REPORT: Tabled until the November Meeting POLICE REPORT SEPTEMBER 2015: The September 2015 police report was presented by Chief Donald Hepkins. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED. APPOINTMENT OF PHIL TREMBLAY AS PART TIME PATROLMAN: Supervisor Pero read a letter from Police Chief Donald Hepkins requesting the Board to approve the appointment of Phil Tremblay as part-time patrolman. Supervisor Pero motioned to approve the appointment 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. TOWN CLERK MONTHLY ACTIVITY REPORT FOR SEPTEMBER 2015: The Town Clerk’s monthly activity report for September 2015 was presented by Clerk Daniel. Councilman Kaczmarek moved to accept the Town Clerk’s September activity report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED. The Town Clerk notified the Board that the Refuse Specs had been changed since they were advertised. It was her recommendation to re-advertise the specs and bid request. The Town Board advised the Town Clerk to re-advertize the bid request. PLANNING BOARD AUGUST REPORT: Secretary Lynda Ostrowski read the October Planning Board report. Supervisor Pero motioned to approve the minutes as read and was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED. ZONING BOARD REPORT: ZBA secretary Lynda Ostroski read the minutes and resolution as adopted by the Zoning Board of appeals for two variance applications. The Board then approved each of the variances as follows: CATALANO VARIANCE APPROVAL: Upon the reading of the Zoning Board of Appeals recommendations to approve the Robert Catalano yard setback Variance which would allow the applicant to build a garage within 40 feet of a neighboring property, rather than the required 50 feet setback, per code 161-1. The Zoning Board of Appeals recommended approval. The build would occur at 10034 Morley Road. Supervisor Pero motioned to approve the Variance application of Robert Catalano as recommended by the Zoning Board of Appeals to build a garage within 40 feet of a neighboring property at 10034 Morley Road. He 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. BEUZENBURG VARIANCE APPROVAL: Upon the reading of the Zoning Board of Appeals recommendations to approve the yard setback variance which would allow the applicant to build their garage within closer than the 50 feet setback required from neighboring property. The build would occur at 10477 Southwestern Blvd. Supervisor Pero motioned to approve the Variance application of Larry Beuzenburg as recommended by the Zoning Board of Appeals on September 9, 2015. He 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. RECREATION DIRECTOR’S REPORT: Supervisor Pero presented the final figures for the Brant Recreation program, noting it finished $975.42 under budget. Revenue in total amounted to $13,434.50. He noted the following: Recreation budgeted vs. actual: Amt. Budgeted for Labor: $38,000 / Labor actually cost $39,138 Amt. Budget for Equipt: #500.00 / Equipt actually cost: $0 Amt budgeted for contractual expenses $3,500 / Actual expenses $1,856.58 Pool budgeted vs. actual: Amt. budgeted expected revenue $1350.00 / Actual revenue was $1,247.50 Amt budgeted for labor $16,204. / Actual Labor cost $14,833.50 Amt. budgeted for Equip. $1,000.00 / Actual cost of Equip. $0 Amt. budgeted for Contractual expense $9,000.00 / Actual cost $4,812.95 TOWN HISTORIAN REPORT: The Town Historian minutes of the September 16 meeting were read by Patty Friend. Councilman Kaczmarek motioned to approve the report as presented. He was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED. PARKS COMMISSIONER REPORT: Supervisor Pero recapped the amount of use the Town Park had this year. He mentioned Brantfest, Softball, Concerts, Silver Sneakers, Pavilion rentals, cheerleaders use it during the winter, etc. Councilman Kaczmarek stated they are looking into installing an ice rink on the football field under the lights for the winter. FIRE DEPARTMENT REPORTS: No reports presented. SENIOR’S REPORT: Minutes of the Senior’s September meeting were read by Secretary Lynda Ostrowski. Supervisor Pero motioned to accept the minutes as read. He was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED. Supervisor Pero then read a letter from Senior’s president Neil Ross. The letter thanked the Town Board for their continued support of the Senior’s Organization. The letter contained tickets for each of the Board members to have lunch with the Seniors. OLD BUSINESS: WARGULA PROPERTY STATUS: Attorney Trask spoke that he is awaiting the signing of the contract. OCTOBER 3RD ONE-STOP DROP UPDATE: Supervisor Pero noted that the October 3rd One Stop Drop was a success with approximately 100 vehicles dropping off hazardous items. The One Stop Drop will most likely be in Alden next year. NEST and Erie County paid for this event. ATTORNEY TRASK ADVISED THE SUPERVISOR TO PLACE THE FOLLOWING ITEMS THAT WERE SCHEDULED FOR TONIGHT, ON OLD BUSINESS FOR NEXT MONTH’S MEETING. THEY WERE: ITEM #3 OF OLD BUSINESS (GHD SEQR FOR LAKE NEGATIVE DECLARATION) ITEM #5 OF NEW BUSINESS (ENTER PURCHASE AGREEMENT FOR LAKE PROPERTY) Therefore, item #3 of Old Business and Item #5 of New Business will be on the agenda in November. Trask noted there will be a series of action items at that time for the Board to consider. It was also noted that the Board would go into executive session at the end of the meeting to discuss contractual items. VISITING NURSES FLU SHOTS: Supervisor Pero reminded everyone about the flu and pneumonia shots that will be administered by the Visiting Nurses Association On October 24th from 10 AM to 2 PM at the Senior Community Bldg. MISCELLANEOUS: At this time, Supervisor Pero asked the Board to approve his signature on the Grant application for the 2016 Summer concerts Series per the request from the Town Clerk during her report. Councilman DeCarlo motioned to authorize the Supervisor to sign and execute the grant application. 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 CARRIED, NEW BUSINESS Item number one under New Business pertains to the Public Hearing to be held at 8:00 PM, therefore, this item was skipped for the moment. 2016 TENTATIVE BUDGET: Supervisor Pero noted that the 2016 Tentative Budget was presented to the Town Clerk on September 30th. He then announced a budget workshop for the 15th at 7:00 PM. SET PUBLIC HEARING DATE FOR LOCAL LAW #2-2015 (TAX CAP) : Supervisor Pero set the public hearing for the proposed local law #2-2015 for November 10th at 7:30 PM. Supervisor Pero motioned to approve the public hearing, 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. SET BUDGET PUBLIC HEARING DATE FOR NOVEMBER 10TH AT 8:00 PM. Supervisor Pero motioned to hold a public hearing for the budget on November 10th at 8:00 PM. 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. UNIFIED JUSTICE COURT AUDIT: Supervisor Pero noted that annual audit of Court records is due. Pero motioned to appoint Joseph Ostrowski to conduct the court audit in accordance with the Unified Justice Court requirements. Councilman Decarlo seconded the motion. 3 ayes, 0 nays. MOTION CARRIED. SHRED-IT SERVICES: Supervisor Pero presented a service quote from Shred-It document shredding service company. It quoted the service of shredding documents as the following: • Minimum charge of $125.00 per stop • Quoted $90 per 95 gallon container of documents (quoted for a min of 4-6 containers) • Service type is “On site” Councilman DeCarlo noted the company is bonded and insured. Councilman Kaczmarek motioned to approve the contract for shredding and was seconded by Supervisor Pero. A roll call vote was taken: Councilman Kaczmarek-aye, Supervisor Pero-aye, Councilman DeCarlo-aye. 3 ayes, 0 nays. MOTION CARRIED. BID REFUSE CONTRACT: Supervisor Pero discussed the changes to the Refuse bid specs. Town Clerk asked if an addendum can be drafted that bidders should sign acknowledging their receipt of the revisions to the bid specs. Addendum should be drafted, per attorney Trask. SET HALLOWEEN HOURS FOR TRICK OR TREATS: The approved hours for Trick or Treats on Saturday, October 31st will be from 4 PM to 8 PM. REPORTS OF COMMITTEES: None presented TOWN BOARD REPORTS: COUNCILMAN KACZMAREK: Nothing to report COUNCILMAN CLARK: Absent COUNCILMAN DECARLO: Nothing to report SUPERVISOR PERO: o Parking lot is completed, and with the use of leased equipment, saved $45,000 o Resolution on Micro-beads had been taken to Albany o Kenworth BOND payments have been completed o New Town Hall payments have been completed o Solar Liberty Phase I, spoke with Rob Roche about remote net metering. Trask to speak with their attorney about the licensing on the system o 13 meetings in September At 8:00 PM, Supervisor Pero broke from the meeting for the Public Hearing. PUBLIC HEARING – 8:00 PM Town Clerk Barbara Daniel read the Legal Notice which was published in the Hamburg SUN on September 17, 2015: TOWN OF BRANT LEGAL NOTICE OF PUBLIC HEARING THE TOWN OF BRANT will hold a public hearing on Tuesday, October 13, 2015 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 14, 2015 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 Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED. Supervisor Pero discussed a need for ADA improvements for the entrance way to the Senior Community Building. The second item requested was funding support for Rural Transit, a necessary transportation service to the elderly and handicapped in the Town. No one from the audience spoke. Supervisor Pero motioned to close the Public Hearing, and seconded by Councilman DeCarlo. 3 ayes, 0 nays. HEARING CLOSED. Supervisor Pero read the following resolution: RESOLUTION 101315-01, 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 ENTRANCEWAY, PROVIDING A 25% MATCH. 2) RURAL TRANSIT FUNDING SUPPORT A Roll Call vote was taken: Councilman Kaczmarek – Aye, Councilman DeCarlo-Aye, Supervisor Pero- Aye, Councilman Clark – Absent. 3 AYES, 0 NAYS. RESOLUTION ADOPTED. RECOGNIZED PRIVILEGE OF THE FLOOR: Peter Chiavetta spoke against the purchase of the Lake Property. He mentioned that he received a return call from Assemblyman DiPietro’s office. Chiavetta’s concerns are the maintenance costs of the property, and the fact that the property will be removed from the tax rolls. Supervisor Pero responded that about the historical value of the property since it is untouched. He added that if the State gets it, anyone can go on the property. Joyce Ellis: Scrap piles were supposed to be gone by September 30 and they are still there John Arrigo: Asked Town Attorney Trask if an outside resident can speak at a meeting, if they don’t reside in the Town but owns property and pays Town taxes. Attorney Trask responded that any public participation is always at the discretion of the Town Board. There is no legal requirement for the Board to allow the public to speak at a Town Board meeting. Trask added that outside public has been permitted to speak in the past. He noted this was not a legal opinion, but an observation in the years he has been Town Attorney. Supervisor Pero then compared John Arrigo trying to sway the Board to him going to the Town of Evans and telling them what to do. Mr. Arrigo noted to Supervisor Pero that he resented a remark he made about him at the last meeting. Supervisor Pero then apologized to Mr. Arrigo. Debra Ritz: Asked how to get a copy of the budget. Clerk will email a copy to her. She then expressed concerns about the scrap yard violating the terms of their permit and they should be sited. She is worried about the lake purchase and would like it to be financed over 6 years so it can go for referendum vote. She added that Evangola Park is free to seniors over 62. Supervisor Pero responded that nothing has been added to the 2016 budget for the lake purchase. It will be added to the 2017 budget. Debra Ritz then asked if that meant the Town is going to borrow all of the money for the purchase. Supervisor Pero said, yes. He stated they will borrow the money the same way they borrowed it for the Town Hall. Frank Broughton: Cannot afford a piece of property like that and wants Town to buy so he and his family can enjoy it. As for the junkyard, he suggests pushing the issue and forcing them to clean up. Ron Kobel: Stated that the Board should let the people have a say in the lake purchase, let it go to referendum. CORRESPONDENCE: Supervisor Pero received the following correspondence: • Sales Tax first October remittance is .55% below the corresponding payment in 2014 but the Year to Date receipts are running .93% above 2014. 2nd October payment was 6.35% below the corresponding payment in 2014, and the Year To Date is .54% above the previous YTD. • Times Warner letter about upcoming changes • Thank you letter from Brian Freeburg from Eagle Scouts regarding the donation of wood to build birdhouses for the park (20 bird houses and 20 nest boxes) Supervisor Pero read the Abstract: Abstract 10 of 2015 *Prepaid and unpaid as of October 13, 2015 Gen Fund Town wide Vouchers Totaling: $67,191.90 Gen Fund – Part Town Voucher Totaling: $7,577.63 Highway T.W. Vouchers Totaling: $25,561.00 Highway P.T. Vouchers, Total $2,505.13 Fire Protection: Vouchers: Totaling: 0 Street lighting: Voucher totaling: $2,498.84 H Capital Projects: Vouchers none, Totaling: $10,000.00 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 3 PAY PERIODS General Town Wide Payroll 08/23/15 - 10/03/15 Totaling: $64,514.52 General Part Town Payroll 08/23/15 - 10/03/15 Totaling: $949.85 Highway Payroll TW 08/23/15 - 10/03/15 Totaling: $0 Highway Payroll PT 08/23/15 - 10/03/15 Totaling: $12,241.64 Councilman Kaczmarek motioned to approve Abstract 10 as presented, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARRIED. ***************************************************************** NOTE: Request Audit & Pre-Approval payment on Abstract 11 A1320.4 – R.A. GRYKSA & ASSOC – AUGUST BOOKEEPING/ACCOUNTING........................$1,400.00 A1621.4 – UNIFIRST – TOWN HALL RUGS & HWY WORK CLOTHES FOR SEPTEMBER .........$323.14 A1220.4 – ASSOCIATION OF ERIE COUNTY GOVT MTG------------------------------------------$35.00 TOTAL.....................................................................................................................$1,758.14 Councilman DeCarlo motioned to approve the above for prepayment on Abstract 11 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 announced the next regular Town Board meeting as November 10, 2015 at 7:00 PM. Supervisor Pero announced the Town Board will enter executive session and that no business will be conducted after they close the executive session. The session is to discuss contracts. Supervisor Pero motioned to enter executive session at 8:30 PM in honor of Dorothy Renaldo who recently passed away. The balance of the Board seconded the motion. 3 ayes, 0 nays. At 9:15 PM, Supervisor Pero motioned to close the executive session and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. EXECUTIVE SESSION & BOARD MEETING CLOSED. Respectfully Submitted, Barbara J Daniel, Brant Town Clerk