This Regular Meeting of the Brant Town Board was held on Tuesday, March 8, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
Chad Kaczmarek Councilman/Deputy Supervisor
Mark DeCarlo Councilman
Michael Muffoletto Councilman
William Trask, Sr. Town Attorney
Barbara J. Daniel Town Clerk, Recording Secretary
ABSENT WERE:
Leonard K. Pero Supervisor
Donald Clark Councilman
ALSO PRESENT / SIGNED IN WERE:
Janice Ross Planning Board member
Joseph DeCarlo Assessor
Lynda Ostrowski Secretary to the Boards
Joseph Ostrowski Planning Board chairman
Jason Oliver resident
Penny Barefoot resident
Janet Bowman Assessor’s clerk
Debra Ritz resident
Brian Rott resident
Tammi Smith resident
Eric Ring resident
Lynda Mason resident
Joyce Ellis Resident
The meeting opened at 7:00 PM with the pledge of allegiance.
MINUTE APPROVAL FEBRUARY 9 REGULAR TOWN BOARD MEETING: Councilman DeCarlo motioned to accept the minutes the February 9th 2016 meeting. Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Muffoletto moved and was seconded by Councilman/Deputy Supervisor Kaczmarek to accept the Supervisor’s February 2016 Financial Report as presented. 3 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATIONS: Councilman/Deputy Supervisor Kaczmarek presented the budget modifications as listed below:
TO: Leonard Pero, Supervisor, Town of Brant 2/29/2016
FROM: Richard A. Gryksa MBA, Town Accountant
SUBJECT: Recommended Budget Modification #9 as of : YEAR END 12/31/2015
Please make a resolution at the regular Town Board meeting on March 8th 2016 to approve the
Year End 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)
$ 2,879.00 (DR) Decrease A3120.4 Police Contr Expend
$ (2,879.00) (CR) Increase A3120.2 Police Equip & Cap Out $ 2,879.00
Highway - Townwide (DA)
$ 351.00 (DR) Decrease DA5142.4 Snow Removal Contr Expend
$ (351.00) (CR) Increase DA5130.4 Machinery Contr Expend $ 350.74
Highway - Part Town (DB)
$ 97.00 (DR) Decrease DB9030.8 Social Security Employee Benefit
$ (97.00) (CR) Increase DB5110.4 General Repairs Contr Expend $ 96.89
Capital Projects Fund (H)
$ 18,300.00 (CR) Decrease H1621.21 New Town Hall (Solar Panels) Equip & Cap Out
$ (18,300.00) (DR) Increase H7110.2 Parks Equip & Cap Out $ 18,300.00
The above budget modification is to cancel and correct the budget modification approved at the
Board Meeting on February 9th 2016.
Councilman DeCarlo motioned to the Budget Mod #9 for 2015 and Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman DeCarlo motioned to accept the Town Clerk’s January 2016 Financial Report. He was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S JANUARY 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER REGULAR AND BAIL ACCOUNTS: Councilmen DeCarlo made the motion to approve the January 2016 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker was not present. Councilman/Deputy Supervisor Kaczmarek read his report. The Board members commented on the obvious progress now being made by Weitsman. Councilman Muffoletto motioned approve the report as presented and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S FEBRUARY 2016 REPORT: Dog Control Officer Barbara Daniel presented her report for February. The Board did not act on, or discuss the requested change in impound and kennel fees presented last month. Councilman DeCarlo motioned to accept her report as read. Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT FEBRUARY 2016: The February 2016 police report was read by Councilman DeCarlo. Lieutenant Slawek was present. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR FEBRUARY 2016: The Town Clerk’s monthly activity report for February 2016 was read by Clerk Daniel. She then asked the Board to authorize the Supervisor to sign an IMA (Inter-Municipal Agreement) with the Village of Farnham. She explained that she did not yet have the agreement for them to review, but asked for their approval based upon the approval of Town Attorney Bill Trask’s review and approval. Attorney Trask summarized the request. “The Town Clerk is asking the Board to approve the agreement, as yet unseen, to approve the Supervisor’s signature based on my approval”.
APPROVAL OF IMA WITH VILLAGE OF FARNHAM FOR GRANT: Councilman DeCarlo motioned to authorize the Supervisor to sign the IMA with the Village of Farnham based on Attorney Trask’s approval. Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK REPORT APPROVAL: After voting on the IMA, Councilman DeCarlo motioned to approve the Town Clerk’s report to the Board. Councilman Muffoletto seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski presented the planning board’s March Meeting. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman/Deputy Supervisor Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: Nothing to report
RECREATION DIRECTOR’S REPORT: Nothing to report.
PARKS COMMISSIONER’S REPORT: Nothing to report
TOWN HISTORIAN REPORT: The Town Historian report was presented by Councilman/Deputy Supervisor Kaczmarek. The next Historical meeting will be held on April 20th and it was noted that the March meeting has been cancelled. Councilman/Deputy Supervisor Kaczmarek motioned to accept the report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: No reports presented.
SENIOR’S REPORT: Secretary to the Senior’s, Lynda Ostrowski presented the Senior’s monthly report for their March 2nd meeting. Brant Seniors have been invited by the North Collins Seniors for a luncheon on May 18. Councilman/Deputy Supervisor Kaczmarek motioned to accept the report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
OLD BUSINESS:
SUMMERFEST APPOINTMENT OF COUNCILMAN DECARLO AS CHAIRMAN: Councilman DeCarlo has been appointed as Chairman of the Summerfest Committee. He will work with Lynda Ostrowski to set a date for their first meeting. [clerk note: March 18th has been assigned as the first meeting].
BRANT VOLUNTEER FIREMAN COMPENSATION PAYMENT: The board questioned why the Town is paying for the Brant Volunteer Fireman’s compensation. The Clerk explained that she was instructed to bill the Department for reimbursement.
NEW BUSINESS:
PROPOSED LOCAL LAW #1 OF 2016 & SEQR:
Attorney Trask explained the new law being proposed:
The current law requires special use permits to be renewed annually unless otherwise specified by the Town Board at the time of its issuance. The current code also gives the Code Officer the right to renew those special use permits if upon his review, he feels there are no violations of the conditions of the special use permit. This law will give the Town Board the renewal authority after a public hearing. Special Use permits are renewable at the same time each year, June 30. The new law would require holders of special use permits to pay their annual fee to renew well in advance of the renewal date. The Town Board would then hold a public hearing after post a legal notice to the public. During the hearing, the public would be invited to attend and provide any comment about the operation being conducted under the special use permit. At this time, the Town Board will either renew the permit or provide a reason for not renewing the permit. The Town Board also has the right to impose additional conditions to the permit, if it feels the need to protect neighboring properties from the use.
Tonight, the Town Board must adopt the resolution naming the Town of Brant as lead agency for SEQR. This will provide for a zoning referral for Erie County as this will be a Town wide law and it could impact properties that are on County highways. A ZR-1 referral must be sent to Erie County Department of Environment and Planning, and they are permitted 30 days to respond to the referral prior to the public hearing. The County will review the SEQR documents, and the proposed local law. They have 30 days to provide recommendations or comment. Very often, they do not comment. The third part of this resolution will set the public hearing date of April 12th. If the Board chooses to act on the law, a declaration will be made under SEQR, and the local law will then be adopted.
At this time, Councilman/Deputy Supervisor Kaczmarek read aloud the resolution declaring the Town of Brant as Lead Agency under SEQR for proposed local law #1 of 2016:
RESOLUTION OF THE BRANT TOWN BOARD
DECLARING LEAD AGENCY STATUS UNDER SEQR,
MAKING A ZONING REFERRAL TO ERIE COUNTY AND
SETTING PUBLIC HEARING
(Amendment of Brant Zoning Law)
WHEREAS the Town Board of the Town of Brant, Erie County, New York is considering amending certain provisions of the Brant Zoning Law relative to renewals of Special Use Permits, 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 617 and it is further
RESOLVED, that a public hearing on such proposed local law be held on Tuesday, April 12, 2016 at 8:00 p.m. local time, and it is further
RESOLVED, that a zoning referral (ZR-1) relative to such matter be sent to the County of Erie Department of Environment and Planning.
IT IS THEREFORE FURTHER RESOLVED, the Town Board authorizes the Supervisor, or in his absence, the Deputy Supervisor to sign the environmental assessment short form required for SEQR.
March 8, 2016
Councilman Muffoletto motioned to adopt the resolution declaring the Town of Brant as lead agency for SEQR, authorize supervisor or deputy supervisor’s signature, and set April 12th 2016 at 8:00 PM as the public hearing for local law #1 of 2016. He was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman/Deputy Supervisor Kaczmarek-aye. 3 ayes, 0 nays. RESOLUTION ADOPTED.
DAMAGE TO SNOW PLOW: The Board discussed damage that occurred to the light green highway plow truck when it crossed route 5 and hit a pothole which bent the wing of the plow. It was noted that the insurance company had been notified. However, the repairs must proceed so the Board discussed approving the repairs using the lowest bidder, to be paid by Highway funds. [clerk note: Valley Fab $7,781.45 Quote # RWK15892 dated 2/23/16]. Councilman DeCarlo motioned to approve the repair using the lowest bidder; Valley Fab per the quote received by the Highway Department. Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman/Deputy Supervisor Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.
CAMERA SYSTEM FOR PARK: Discussion regarding quotes received from DFT Security for Security cameras to be installed at the Park. Jason Oliver, resident from Milestrip Rd advised the Board to look around because there are other companies, such as Simplex Grinnell who can offer lower prices. It was decided to table the issue. Attorney Trask reminded the Board to review the procurement policy before making any purchases.
PURCHASE OF NEW POLICE VEHICLE: The Board discussed a quote they received for a new police vehicle that would allow the Town to “piggyback” on another Town’s purchase. The quote was for a 2016 Explorer with AWD in the amount of $28,240.80. It was mentioned that the budget contains $9,000 for a new police car. Councilman DeCarlo moved to approve the purchase of the new police with four year financing, and authorizing the Supervisor or Deputy Supervisor to sign for the financing. The purchase would be subject to a determination of how the vehicle would be paid for after consulting with the Town Supervisor on the financing option. Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman/Deputy Supervisor Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.
FUTURE GROUNDS BUILDING: Councilman/Deputy Supervisor Kaczmarek spoke of the possibility of the Town erecting a Grounds building which will house Allen’s ground maintenance equipment, A portion of the building may also used to kennel Town dogs. He noted that other options explored were to erect a stand-alone kennel behind the Town Hall near the police garage. The grounds building would be placed on the same location where the Castle home stood at the new park entrance area. No action was taken.
REPORTS OF COMMITTEES: No reports
TOWN BOARD REPORTS:
COUNCILMA/DEPUTY SUPERVISOR KACZMAREK: Looking into electronic signs for the park entrance.
He noted that $5,000 was budgeted for the sign.
COUNCILMAN CLARK: Absent
COUNCILMAN DeCARLO: Nothing to report.
COUNCILMAN MUFFOLETTO: Working on setting up concerts for this summer
SUPERVISOR PERO: Absent
RECOGNIZED PRIVILEGE OF THE FLOOR:
Jason Oliver: Asked the Board to look into speaking with Time Warner about running cable down Milestrip Rd. Councilman Muffoletto received a packet from Mr. Oliver containing quotes from Time Warner.
Joyce Ellis of Brant Farnham Rd: Thanked the Town Board for the progress made at the Weitsman facility. She noted that Weitsman has been good about keeping her up to date on what they are doing.
Lt. Mark Slawek: Advised the Town Board that the cost of the police vehicle mentioned in their recent vote to purchase did not include the cost of the extras needed for the police vehicle. He noted the time limit of one week to be able to take advantage of the State bid price. He asked the Board to be sure they included the cost of the extras which amount to approximately $2,100.00
Councilman DeCarlo motioned to approve the spending of an additional $2,100 for the extras needed for the police vehicle. Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman/Deputy Supervisor Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.
CORRESPONDENCE:
• Letter from Brant Senior’s thanking the Town Board for their support
NEXT TOWN BOARD MTG APRIL 12, 2016 AT 7:00 PM
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Councilman/Deputy Supervisor Kaczmarek read the following Abstracts:
Abstract 3 of 2016
*Prepaid and unpaid as of 3/8/16 Total Claims $86,629.75
Gen Fund Town wide Vouchers Totaling: $72,394.84
Gen Fund – Part Town Voucher Totaling: $1,195.00
Highway T.W. Vouchers Totaling: $10,415.22
Highway P.T. Vouchers, Totaling: $0
Fire Protection: Vouchers: Totaling: 0
Street Lighting: Voucher Totaling: $2,624.69
CD Capital Projects: Vouchers none, Totaling:
Lotus Bay Sewer Dist. 1: Vouchers: $
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $
Brant Water Dist 1: Voucher: none – Totaling $
Special Grant Fund: unpd: None, Totaling: $
PAYROLL (3 payrolls):
General Town Wide Payroll 1/24/16 TO 03/4/16 – Totaling $60,068.35
General Part Town Payroll 1/24/16 TO 03/4/16 Totaling: $968.85
Highway Payroll TW 1/24/16 TO 03/4/16 Totaling: $14,476.48
Highway Payroll PT 1/24/16 TO 03/4/16 Totaling: $0
Councilman DeCarlo motioned to approve payment of Abstract 3 of 2016, and was seconded by Councilman/Deputy Supervisor Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman/Deputy Supervisor Kaczmarek-aye, Councilman Muffoletto-aye. 3 ayes, 0 nays. MOTION CARRIED.
Councilman/Deputy Supervisor Kaczmarek then motioned to adjourn the meeting AT 7:54 pm with a moment of silence for the recently deceased Joseph L. Catalano, Sam Chiavetta Sr., and Dave Hock. He was seconded by Councilman Muffoletto. 3 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk
