This Regular Meeting of the Brant Town Board was held on Tuesday, December 8, 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
Donald Clark, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary
William Trask, Sr., Town Attorney
Also present and signed in were:
Michael Muffoletto, Resident (2016 Councilman elect) John Arrigo, Property owner
Joseph Ostrowski, Planning Board Chairman Beverly Wasmund, Resident
Lynda Ostrowski, Secretary to the Boards Janice Ross, Planning Board member
Joseph DeCarlo, Assessor Kirk Ritz, Resident
Ronald Kobel, Resident Phil Pericak, Resident
Brian Rott, Resident Brian Campbell, SUN Reporter
Joyce Ellis, Resident Donald Hepkins, Police Chief
Willie Easterling, Resident Nick Burbige, Bldgs & Grounds
Mike Boismenu Frank Broughton
Elmer McSkimming, resident Penny Barefoot, resident
Sharon Catalano, Resident Ronald Joseph, resident
Sharon Joseph, resident Steven Raczka, resident
Charlie Burke, resident Kathy Burke, resident
Patty Friend, Town Historian Joseph Gardyjan, Zoning Board member
Ed Dinkuhn, Planning Board member Ronald Friend, resident
Mike McCarthy, resident
3 signed-in names were illegible, therefore are not included in minutes.
The meeting opened at 7:00 PM with a pledge to the flag.
APPROVAL OF THE NOVEMBER 10, 2015 TOWN BOARD MEETING MINUTES. Councilman Clark motioned to accept the minutes of the November 10th Town Board meeting, and was seconded by Councilman Kaczmarek.
4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Kaczmarek moved and was seconded by Councilman Clark to accept the Supervisor’s October 2015 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S BUDGET MODIFICATIONS: Councilman DeCarlo motioned to table the approval of the Budget Modification #5 until the Board can meet in executive session at the end of the meeting. Councilman Clark seconded the motion. 4 ayes, 0 nays. BUDGET MOD TABLED.
TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Clarkmoved to accept the Town Clerk’s October 2015 Regular Financial Report as read. He was seconded by Councilman DeCarlo, 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S OCTOBER 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve theOctober 2015 financial reports of both Justice’s bail and regular accounts, and was seconded by Councilman DeCarlo, 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: CEO Brecker presented his November Report. He noted that he spoke with Allen Zellinski with the DEC who told the CEO that Weitsman was not in violation of any DEC law. Councilman DeCarlo asked if there were any safety concerns with the fence which appears to be leaning. CEO Brecker answered that once the corner stones are in place; the fence will be locked in well. Councilman Clark also asked if there had been a firing of staff at the junkyard. CEO Brecker answered yes. Councilman Clark motioned to accept the report as read, and was seconded by Councilman Kaczmarek, 4 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S OCTOBER & NOVEMBER 2015 REPORT: Dog Control Officer Barbara Daniel
requested the Board allow her to table her November report. DCO Daniel then presented her October
dog report. The November Report will be presented in January with her December report. Councilman
DeCarlo motioned to accept her report as read, and was seconded by Councilman Kaczmarek.
4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT NOVEMBER 2015: The November 2015 police report was presented by Police Chief Donald Hepkins. Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR NOVEMBER 2015: Town Clerk Daniel presented her November activity report. Councilman Clark asked the Town Clerk if she was still paying her rent for the use of the office to collect taxes. Supervisor Pero confirmed that rent was being collected. Councilman Clark then asked about the status of the contract. Supervisor Pero answered it was a one-time contract and is the same contract for each year. Supervisor Pero moved to accept the Town Clerk’s November activity report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD AUGUST REPORT: None presented
ZONING BOARD REPORT: None presented
RECREATION DIRECTOR’S REPORT: None presented
PARKS COMMISSIONER REPORT: None presented.
TOWN HISTORIAN REPORT: The Town Historian minutes of the November meeting were read by Town Historian Patty Friend. It was noted that the next Meeting will be held on December 18. Supervisor Pero motioned to approve the report as presented. He was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: None presented.
SENIOR’S REPORT: Minutes of the December 2nd senior meeting were read by Secretary Lynda Ostrowski. Senior of the month is Faith Delong. Supervisor Pero motioned to accept the minutes as read. He was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
Acknowledgement of Visitors:
Lou Piccone and Jonathon Miller, representatives of IX Group, Inc presented the Town Board with an offer to provide the Town with Plate readers at no cost to the Town. The Plate Readers would be funded entirely by their company. They will be programmed to pick up license plates that are linked to vehicles that do not have valid or current insurance. Currently, this would only be for NYS registered vehicles, but will later include out of state plates. Their memorandum of understanding would require the Town to compensate the cost of the plate reader by paying to the National Public Safety Consortium, Inc 30% of whatever fines were brought in by the imposition of fines on any uninsured vehicle the plate reader detects. The 30% would be taken from the insurance violation fines only. Any other violations picked up by the plate reader, such as suspended registration, etc would belong solely to the Town of Brant, and not subject to the 30% commission. The Board was also advised that they can exit the agreement at any time.
Police Chief Donald Hepkins addressed the offer stating he had a problem with having a private company earn commission on tax funded officers who would be enforcing the discovered violations. In good conscience, he would rather not have the readers.
Supervisor Pero motion to allow the Board to review the Memorandum of Understanding and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
OLD BUSINESS:
WARGULA PROPERTY STATUS: It was noted that the Paperwork to finalize the purchase would be ready on December 11.
SUPERVISOR PERO ADDRESSES THE LAKEFRONT PROPERTY AND REFERENDUM VOTE:
At this time, Supervisor Pero read the following, and asked it become part of the minutes:
“The Sun newspaper has a headline in their December 3rd issue that reads “TAX RATES STAY THE SAME IN BRANT” And TAXES in EDEN are on the rise. While the week before it stated “EVANS APPROVES 8.33 % tax Increase” Looking to others towns – I have heard that Holland increase of over 4 % and Orchard Park at 6% and then the biggie in Chautauqua county Pomfret at 35%
But Brant this New Year 2016 has lowered the Tax rate for the 9th consecutive year. In Fact the last increase came about in 2007 when I was recuperating from Heart Surgery in Florida and my wishes were to lower the Tax rate but My Deputy Supervisor, despite my protest decided to increase it.
Now let’s see what has been accomplished in these past 10 Years as your Supervisor--- first of all , we saved the Block Grant that was going to expire and beatified our memorial park. We enhanced our Town Park, because there was NO Playground and we installed one, The Tennis and Basketball Courts were overgrown and we installed new ones, the kiddie spray pool was broke and we fixed it, we finished the floor in the pavilion so we could hold our summer concerts there. We signed an agreement to allow Lake Shore Junior Football the ability to call our town park their home and use the facilities. In turn they have given us a concession stand, storage shed & Lights for our football field making our park one of the best facilities in WNY. Let’s not forget the Walking paths and Parking facilities that we installed for the continued use for all occasions such as the Summer Fest we hold every year.
We have remodeled the Recreation building & the Sr. Community bldgs. by placing a small kitchen and breeze way for the seniors to enjoy. One of our biggest improvements that we were ridiculed for in the beginning of the project, was for the cost of the purchase of the School to house our new town hall and we retro fitted the offices to keep the feeling of the school intact. I can go on and on with 100’s of thousands of dollars’ worth of improvements that we were ridiculed for, but they have been an asset to our community. All of this and your responsible Town Board has lowered the Town Tax Rate for 9 straight years. I believe that this is the most in Erie County.
Just in the past 5 years we borrowed and purchased through 1 year BAN’s money to purchase and remodel the town hall $450,000- purchased a Kenworth Plow truck for the highway dept. $160,000- purchased 2011 Crown Vic police vehicle $37,000- built a municipal garage $24,000 which brings the total to $671,000 in the past 5 years and it is all paid for. And guess what, your taxes have decreased.
Environmentally we are a leader in the county. We were the first town to have solar installed on our highway bldg. saving the town hundreds of dollars. We held the first Energy fair in New York State. On February 14, 2012 we became only the 124 town out of over 900 in New York State to be recognized as a climate smart green community. We became the first community to Start the One Stop Drop for HHW and have been recognized as a leader. To now add a Pristine Natural Park to the town assets for future generations to use would be remarkable.
Now let’s dispel some of the critics that have raised some UN truths about the Lake property. This is due to the ill-informed concern citizen that keeps wasting their money with un substantiated ads.
The property that we are proposing to purchase does not have a cliff it is a straight walk from the woods on to the beach. The remarks that this is going to cost and indebt future tax payer thousands of dollars is ridicules’. The Cost of $600,000 breaks down as follows. 20 year bond with 1487 taxable properties will be $20.17 per parcel a year, 10 years = $40.35, 5 years = $80.70 and this would be from the tax you already pay and not an increase. The other question is that we don’t have a healthy fund balance , as of 12/4/2015 our savings shows $321,066.09 and we still have Snow removal contract money coming this month of $55,400 + Court Fines. Loss of Revnue from taking the parcel off of the tax rolls to the town is a little over $2000 and if we don’t buy it it will still be off of the tax rolls because the state or county will purchase the property. The distance to walk to the beach is too far – If you park at Evengola state park the distance is greater and you will climb down a graded cliff. The comment that it is EGO’ not Eagles nests shows the ignorance of the individual that does not care about Nature Preservation and only care about their own selfish ego’s and not caring about the future of our town. Because there are a number of organizations that are ready to jump on the wagon to purchase this property with our National Birds living there. The placing of restrictions on the property as read at the last board meeting, What restrictions? Mrs. Rusling only wrote down the wishes of the Town Board and our idea of preservation. It has been said that this beach is dangerous and there have been numerous drowning’s there. Again we better warn the Wide Beach and Lotus Bay residents not to go into one of the most beautiful beaches in the area. I have not heard of anyone drowning there in over 20 years.
It has been said that our present town park is under-utilized – We have over 20,000 daily visitors a year at our park and it has been rated as one of the finest in Erie County.
Now about our town board we have taken the necessary steps to make sure everyone is informed about this historical project that will bring a beach to our town residents. The only beach front community that does not have a beach for its residents is the Town of Brant. If this Town board wanted to, we could of gone forward with the purchase back in May but as a very reliable and trustworthy Town Board with respect for our residents we decided and chose to gather all of the info before we would make an educated decision on how to proceed. We had numerous meetings with Mrs. Rusling and held 3 informational meetings for our residents. Besides we also have seen reference to this acquisition in the Sun and Buffalo News and at our board meetings. My feeling is that this town Board is one of the best that I have worked with in my 10 years as supervisor and I am proud of them. We mulled around the idea of doing what we have done with all of our projects in the past of 1 year BANs for 5 years. It was a way to keep the interest payments down and still move forward without any tax increase. But as servants of the people we decided that we will go forward with a Permissive referendum Vote to decide if our residents want a beach and an educational forest to entertain their children.
I would like the town clerk to copy this speech verbatim and place this in the minutes of this board meeting.”
I, Leonard K. Pero Supervisor of the Town of Brant make a motion to forgo the petition process and set a date of February 8, 2016 for a referendum vote on the purchase of the Ellen Rusling Lotus Abode property.”
Attorney William Trask advised the Supervisor that he must first present the Negative Declaration to begin the process.
The following resolution was offered by Supervisor Pero, and seconded by Councilman Clark, to wit;
TOWN BOARD OF THE TOWN OF BRANT
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
Negative Declaration (December 8, 2015)
WHEREAS, the Brant Town Board is considering action relative to the acquisition of approximately 47 acres of vacant land from Lotus Abode LLC, being lands more particularly described as a portion of tax parcel 265.00-2-41 (hereinafter “Project” or “Action”); and
WHEREAS, the Brant Town Board previously declared itself Lead Agency by resolution dated August 11, 2015; and
WHEREAS, the Board has taken a “hard look” at all potentially adverse environmental impacts pursuant to SEQRA.
NOW, THEREFORE, be it resolved by the Board that:
Based upon the Board’s thorough and careful review of the Action, including the Environmental Assessment Form and all the other materials submitted in connection therewith, the Board hereby determines that the Action will not result in any significant environmental impacts and hereby issues a negative declaration for the Action pursuant to SEQRA.
REASONS FOR SUPPORTING THE NEGATIVE DECLARATION
1. Air, Water, Noise, Waste, Erosion, Drainage, Site Disturbance Effects: The Action will not create any permanent adverse change in the existing air quality, water quality or noise levels, nor in solid waste production, nor potential for erosion nor promote flooding or drainage problems.
2. Aesthetics, Agriculture, Archeology, History, Natural or Cultural Resource, Community or Neighborhood Characteristics: The Action will not adversely affect agricultural, archeological, historical, natural, or cultural resources.
3. Vegetation, Fish, Wildlife, Significant Habitats, Threatened or Endangered Species: No plant or animal life will be adversely affected by the Action.
4. Community Plans, Use of Land or Natural Resources: The Action is not inconsistent with the official community plans and goals and will have no adverse effects on land-use or the use of natural resources by or in the community.
5. Growth, Subsequent Development, etc.: The Action will not induce any significant or adverse growth or subsequent development.
6. Long Term, Short Term, Cumulative, or Other Effects: The Action will not have any significant adverse long term, short term, cumulative, or other environmental effects.
7. Critical Environmental Area: The Action will not have significant impact on any Critical Environmental Area as designated in 6 NYCRR, subdivision 617.14(g).
8. Public Health and Safety: The Action will have no immediate impact upon these concerns.
6 NYCRR 617.1 states that it is the intention of the SEQR regulation “that a suitable balance of social, economic and environmental factors be incorporated in the planning and decision making of the State, regional and local agencies. It is not the intention of SEQR that environmental factors be the sole consideration in decision making.”
This Board has considered all of the evidence submitted and has determined that the Action will not have a significant adverse environmental impact on the community.
After the Negative Declaration Resolution was read, the question of the adoption was duly put to a roll call vote as follows: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION DULY ADOPTED.
Attorney Trask then advised the Supervisor to present the Resolution for the Acquisition of Land.
The following resolution was then offered by Supervisor Pero and seconded by Councilman Clark, to wit;
RESOLUTION OF THE BRANT TOWN BOARD
(Town of Brant Acquisition of Lakefront Lands of Lotus Abode, LLC)
WHEREAS the Town Board of the Town of Brant, Erie County, New York is considering the acquiring lakefront lands on Lake Shore Road from Lotus Abode, LLC (further identified as approximately 47 acres which are part of SBL No. 265.00-2-41), and
WHEREAS, the Town Board has completed all necessary steps under 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 authorizes Supervisor Pero to execute a purchase contract for the purchase of such lands at a purchase price of $600,000.00, plus closing expenses, subject to public approval at referendum and completion of any actions required to borrow funds for such action.
After the Resolution for Acquisition of Land was read, the question of the adoption was duly put to a roll call vote as follows: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION DULY ADOPTED.
Attorney Trask then advised the Supervisor to present the Resolution authorizing the Borrowing of up to $650,000 for the Lake Property purchase.
The following resolution was then offered by Supervisor Pero and seconded by Councilman Clark, to wit;
A BOND RESOLUTION, DATED DECEMBER 8, 2015, OF THE TOWN BOARD OF THE TOWN OF BRANT, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING THE ACQUISITION OF LAND FOR USE BY THE TOWN (AND THE PREPARATION OF A CONCEPTUAL PLAN FOR THE FUTURE USE THEREOF), AT AN ESTIMATED MAXIMUM COST OF $650,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $650,000 OF THE TOWN, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR, AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM.
WHEREAS, the Town Board of the Town of Brant, in the County of Erie, New York (the “Town”) desires to undertake the acquisition of land for use by the Town (and the preparation of a conceptual plan for the future use thereof); and
WHEREAS, the Board will, by motion, provide for a mandatory referendum on this bond resolution, in accordance with the Local Finance Law and Town Law, and such referendum will be by a single proposition;
NOW THEREFORE,
BE IT RESOLVED, by the Town Board of the Town (by the favorable vote of not less than three-fifths of all the members of the Board) as follows:
SECTION 1. The Town is hereby authorized to acquire approximately 47 acres of land (part of SBL No. 265.00-2-41) for use by the Town (and have prepared a conceptual plan for the future use thereof) and including any preliminary costs and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $650,000.
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 $650,000 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, the cost of such Purpose is to be paid by the levy and collection of taxes on all real property in the Town to pay the principal of said bonds and the interest thereon as the same will become due and payable.
SECTION 3. It is hereby determined that the Purpose is a class of objects or purposes described in subdivision 21 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is 30 years.
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 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 may 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 has complied with applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.
SECTION 12. In the absence or unavailability of the Town Supervisor, the Deputy Town 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. This bond resolution is subject to a mandatory referendum. A proposition for the approval or disapproval of this bond resolution shall be submitted as a proposition to the qualified voters of the Town at the special voter referendum scheduled for February 8, 2016, and this bond resolution shall take effect upon the approval of the proposition by such voters of the Town at such special voter referendum. The Town Clerk is hereby authorized and directed to give notice of submission of such proposition at such special voter referendum in accordance with the applicable provisions of Town Law and Election Law, as determined by the Town Attorney and the Town’s bond counsel.
SECTION 15. Such form of the proposition and the form of the notice of special voter referendum shall be approved by the Town Board by a separate resolution.
SECTION 16. This bond resolution shall take effect upon approval of such proposition (in accordance with the provisions of the Local Finance Law) by such qualified voters at such special voter referendum.
SECTION 17. In addition to the foregoing, the Town Board hereby authorizes and directs the Town Clerk to do the following:
(a) To maintain and distribute copies of this resolution, ready for public review and inspection in the Office of the Town Clerk and any and all other locations deemed necessary by the Town Clerk and the Town Attorney to comply with New York State law regarding referenda; and
(b) To take all necessary steps, with assistance of the Town Attorney and the Town’s bond counsel, to ensure that such proposition is properly placed before the duly qualified voters of the Town at the special voter referendum scheduled for February 8, 2016.
SECTION 18. If the proposition is approved, 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 a newspaper having a general circulation in the Town and designated as the official newspaper of the Town for such publication.
* * *
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 Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION DULY ADOPTED.
The foregoing resolution was thereupon declared duly adopted.
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NEW BUSINESS
SETTING DATE & TIME OF 2016 ORGANIZATIONAL MEETING: Supervisor Pero announced that the 2016 Organizational meeting would be held on Tuesday January 5th at 7:00 pm. The January regular Town Board meeting will immediately follow the Organizational meeting.
REPORTS OF COMMITTEES: None presented
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Councilman Kaczmarek asked the Board to approve the purchase & installation of an ice skating rink at the Park. He noted that it cannot be installed until the ground freezes or it would damage the lawn. He also added that the liner would last years. Supervisor Pero asked him what the cost would be. Councilman Kaczmarek answered that he was quoted from $3,500 to $4,200.00. Councilman Kaczmarek motioned to approve the purchase of the rink up to $5,000. Supervisor Pero seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Supervisor Pero-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
COUNCILMAN CLARK: Nothing to report
COUNCILMAN DECARLO: Nothing to report
SUPERVISOR PERO:
o Read a letter he received from Land Conservancy commending the Town for their interest in preserving the lakefront property
o Attended 11 meetings in October
RECOGNIZED PRIVILEGE OF THE FLOOR:
Peter Chiavetta of Brant Angola Rd: Read a famous quote from Ronald Reagan, then thanked the Board for allowing the people to vote.
Penny Barefoot of Cain Rd.: Thank Board for allowing the vote. Stated she is against the purchase. Prefers the Town to invest in water. Her parents on Cain Road are still trucking water in. Supervisor Pero answered that he had a water project started a few years back and one of the Board members rejected the approval.
Debra Ritz of Mileblock Rd: Stated that the reason the water project mentioned by Supervisor Pero was rejected was because it would have cost those in the new water district $1,000/yr for 30 years. She then asked If Weitsman has been sited yet for not completing the work in the time specified in the Special Use Permit.
Kirk Ritz of Mileblock Rd: Asked if the Board was going to notify residents who go out of state for the winter.
Frank Monteleone, resident of Angola, but a Brant Property owner: asked if he was eligible to vote. Supervisor Pero replied that voters must be registered to vote in the Town of Brant.
Mike McCarthy of Wide Beach: Warned the Town Board that the seller of the Lake Property sold lots she owned around “Mike’s pond” stating that she wants the area preserved, and then sold the property across the pond to Hyatt Regency. Those who purchased the lots must now view Hyatt Regency on the other side of the pond.
Sharon Joseph of Versailles Plank Rd: Not speaking for or against the property but she received the survey late. She complained that Brant has no gas, water, or sewers in most of the Town. There is no grocery store, library, etc.
Jamie Nolan of Brant Farnham Rd: Reiterated the statements made by Penny Barefoot. She then asked the Board why an out of Town person was hired for the Highway Truck driver position, and her son, who is a Town Resident got fired.
Donna Marien of Brant Farnham Rd: Questioned the Board as to why 193 gallons of fuel was dispensed from the Highway Fuel tanks in the name of “rent”. Wants to know why every Town Department must provide a report to the Board monthly, but Highway does not have to?
Tim Marien of Brant Farnham Rd: Complained that Highway Superintendent Joe Giambrone refuses to repair the hole on Hammond Road. He then asked why the Town Highway employees went to a recent funeral and got paid for it.
Sue Sheer: Questioned the Lake Properties assessed value is $290,000 if she is selling it for $600,000. Councilman DeCarlo explained that because the parcel of land is unique, there are no sales that can be compared to in order to get a true value. Sue asked, and then who will finance it? DeCarlo answered it would be financed with Bonds.
Eric Ring of Versailles Plank Rd: Noted that he had problem with an elected official in the Town. He added that he will bring that up at a different meeting. But his question now is his concern about emergency access for the lake property in the event of a fire or emergency. He felt it would be tough on firefighters.
John Arrigo of Angola: Directed a question to the SUN reporter, asking him why the recent SUN article about the lake purchase didn’t quote anything he said. Supervisor Pero then interjected Mr. Arrigo’s question to the reporter. A heated discussion followed.
Attorney Trask then reminded Supervisor Pero about the Rules of Civility that are adopted annually at the Organizational meeting in January. He reminded the Supervisor that a speaker must only direct their comments to the Town Board. He added that the Supervisor must avoid personal combat.
Joyce Ellis of Brant Farnham Rd: Asked the Town Board what they are getting from Weitsman for allowing them to stay in Business. She noted that she spoke with Mr. Zellinski with the DEC.
Ed Dinkuhn of Brant Farnham Rd: Expressed his opinion that you cannot put a price on lake access.
Frank Broughton of Brant North Collins Rd: Expressed his feelings that the cost of $40.00 a year for 10 years to own the lake property, is not worth fighting over.
No further questions were asked and the public session was closed.
CORRESPONDENCE:
Supervisor Pero received the following correspondence:
• Sales Tax first December remittance is 3.65% below the corresponding payment in 2014, and .27% above the Year to date from last year.
• Read a letter from Joshua Nolan dated November 25, 2015 regarding his termination from the Highway Department
Supervisor Pero read the Abstract:
Abstract 12 of 2015
Prepaid and unpaid as of December 8, 2015
Gen Fund Town wide Vouchers Totaling: $29,052.44
Gen Fund – Part Town Voucher Totaling: $0
Highway T.W. Vouchers Totaling: $2273.47
Highway P.T. Vouchers, Total: $133.53
Fire Protection: Vouchers: Totaling: 0
H Capital Projects: Vouchers none, Totaling: $0
Street lighting: Voucher totaling: $2759.67
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
PAYROLL
General Town Wide Payroll 11/01/15-11/28/15 - Totaling: $41,277.12
General Part Town Payroll 11/01/15-11/28/15 - Totaling: $864.75
Highway Payroll TW 11/01/15-11/28/15 - Totaling: $7,154.53
Highway Payroll PT 11/01/15-11/28/15 - Totaling: $0
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Supervisor Pero then asked for the Board to approve the following bills to be paid with Abstract 13 prepays.
APPROVAL FOR ABSTRACT 13 PREPAYS
David Sink – Redesign Website and Archive Software....................................$1,150.00
Biel’s – Security Storage............................................................................$150.00
Crystal Rock – Water for Town Hall..............................................................$27.49
Verizon Wireless........................................................................................$461.16
Bestway Container Service…………………………………………………………………………………….$7,542.50
NYS & Local Retirement – Annual 2016 ERS Payment......................................$56,578.00
NYS & Local Retirement – Annual 2016 PFRS Payment (Police & Fire)................$17,047.00
TOTAL......................................................................................................$82,956.15
Councilman DeCarlo motioned to approve the Abstract 12 as presented, and the requested prepays for Abstract 13 as presented, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, and Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARIED.
Supervisor Pero then announced the Organizational meeting will be held on Tuesday January 5th at 7:00 PM. He also noted that the regular Town Board meeting will be held immediately following the Organizational meeting.
Supervisor Pero announced that this meeting will be adjourned in memory of Blanche Sicurella, Frank Pinker, Sr., Robert McCabe Sr., and Cruz Rodriguez who passed away recently.
At 9:30 PM, Supervisor Pero motioned for the Town Board to enter executive session to discuss the Budget modification which was tabled earlier in the meeting. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
At 9:59 PM, Councilman DeCarlo motioned to close the executive session and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. EXECUTIVE SESSION CLOSED.
BUDGET MODIFICATION #6:
The following budget modification was not presented aloud. It is as follows:
SUBJECT: Recommended Budget Modification #6 as of : October 30, 2015
Please make a resolution at the regular Town Board meeting on December 8th 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)
$ 2,066.00 (DR) Decrease A1220.11 Supervisor Secretary Pers Serv
$ (2,066.00) (CR) Increase A1340.1 Budget Pers Serv $ 2,065.92
$ 200.00 (DR) Decrease A1355.2 Assessment Equip & Cap Out
$ (200.00) (CR) Increase A1355.4 Assessment Contr Expend $ 175.92
.
$ 728.00 (DR) Decrease A3120.11 Police-Officers, Guards etc. Pers Serv
$ (728.00) (CR) Increase A3120.12 Police-Court Bailiff Pers Serv $ 727.02
$ 137.00 (DR) Decrease A7180.2 Special Recreation Facility-POOL Equip & Cap Out
$ (137.00) (CR) Increase A7180.4 Special Recreation Facility-POOL Contr Expend $ 136.03
$ 8.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefit
$ (8.00) (CR) Increase A9055.8 Disability Insurance Employee Benefit $ 7.95
$ 86.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefit
$ (86.00) (CR) Increase A9060.8 Medical & Dental Insurance Employee Benefit $ 85.28
Highway - Townwide (DA)
$ 574.00 (DR) Decrease DA5142.4 Snow Removal Contr Expend
$ (574.00) (CR) Increase DA5130.4 Machinery Contr Expend $ 573.92
Highway - Part Town (DB)
$ 2,934.00 (DR) Decrease DB5112.4 Permanent mprovements Contr Expend
$ (2,934.00) (CR) Increase DB5110.1 General Repairs Pers Serv $ 2,933.59
$ 14,295.00 (CR) Increase DB4960 Federal Aid-Emergency Dister Assist Revenue
17,066.00 (DR) Decrease DB5112.4 Permanent mprovements Contr Expend
$ 31,361.00 (CR) Increase DB5110.4 General Repairs Contr Expend $ 31,360.89
The above Budget Modification includes Federal Aid received for the repair of Culverts resulting from
. the November 2014 snow storm. This aid, totaling $18,432.95, and related culvert expenses was
incorrectly charged to the Highway Townwide Fund and was transferred to the Highway Part Town Fund in October per the review of Supervisor Pero and Highway Superintendent Giambrone
$ 574.00 (DR) Decrease DB9030.8 Social Security Employee Benefit
$ (2,934.00) (CR) Increase DB9060.8 Medical & Dental Insurance Employee Benefit $ 189.11
Councilman Clark motioned to approve budget modification #6, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, and Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
At 10:00 PM, Supervisor Pero motioned to adjourn the meeting in memory of the names previously named in these minutes. The balance of the Board seconded the motion.
Respectfully Submitted,
Barbara J Daniel, Brant Town Clerk
