This Regular Meeting of the Brant Town Board was held on Tuesday, April 12, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
Leonard Pero Supervisor
Chad Kaczmarek Councilman
Mark DeCarlo Councilman
Donald Clark Councilman
William Trask, Sr. Town Attorney
Barbara J. Daniel Town Clerk, Recording Secretary
ABSENT WAS: Councilman Michael Muffoletto
ALSO PRESENT & LEGIBLY SIGNED IN WERE:
Janice Ross Planning Board member
Lynda Ostrowski Secretary to the Boards
Joseph Ostrowski Planning Board chairman
Janet Bowman Assessor’s clerk
Donald Hepkins Police Chief
Allen Nolan Building Superintendent
Nicholas Burbige Assistant to Bldg Superintendant
Ronald Kobel resident
Debra Ritz resident
Brian Rott resident
Joyce Ellis resident
Phillip Pericak resident
Beverly Wasmund resident
Karly Neiger visitor
The meeting opened at 7:00 PM with the pledge of allegiance.
MINUTE APPROVAL MARCH 8 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the March 8th 2016 meeting. Councilman DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Kaczmarek to accept the Supervisor’s March 2016 Financial Report as presented. 5 ayes, 0 nays. MOTION CARRIED.
BUDGET MODIFICATIONS: No budget modifications were presented
TOWN CLERK’S & TAX COLLECTOR’S FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s February 2016 Financial Report. He was seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED.
Councilman DeCarlo motioned to accept the Tax Collector’s report. Councilman Kaczmarek seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S FEBRUARY 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER REGULAR AND BAIL ACCOUNTS: Councilman Clark made the motion to approve both the bail and regular financial reports of both justices. He was seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker requested his February report be tabled until the May meeting. He informed the Town Board that Weitsman is moving the stone wall back approximately 30 feet. Since they were moving the wall, he informed them they are now required to put in a footer to support the wall. The question was asked about how long the new wall will take to complete. He responded about a month. Attorney Trask advised the Code Officer to seek a revised site plan from Weitsman since the wall is being moved. Code Officer Brecker stated that he would require a new site plan. No vote was taken to approve the report as read.
When CEO Brecker was finished speaking to the Board, he took a moment to congratulate Supervisor Pero for receiving the “Citizen of the Year” award from the Evans-Brant Chamber of Commerce. Brecker spoke of his attendance at the awards Banquet held in honor of those recognized by the Chamber and read from the Program booklet wherein Supervisor Pero’s accomplishments were acknowledged. Supervisor Pero noted that he felt embarrassed and was surprised by Brecker’s congratulations during the meeting.
DOG CONTROL OFFICER’S MARCH 2016 REPORT: Dog Control Officer Barbara Daniel presented her report for March. During her report, the DCO requested the Board adopt a resolution to increase kennel fees to $10.00 per day per dog until the owner is notified. She also requested that upon notification of the owner, the kennel fee will increase to $50.00 per day per dog. Supervisor Pero responded what if someone is out of Town? After discussion, the Board agreed to the following resolution:
WHEREAS, The State of New York, Department of Agriculture, Article 7 has previously permitted local Governments to charge owners of impounded dogs fees to cover the expense of dog control,
WHEREAS, Agriculture and Markets requires all local Governments to maintain or contract a municipal dog shelter to house impounded dogs, and
WHEREAS, in addition to “Impound Fees”, the Town of Brant, beginning in 2010, required owners of impounded dogs to pay $5.00 per dog for every day the impounded dog remains in the shelter, this fee to be entitled “kennel fees”. These kennel fees may change from time to time,
THEREFORE BE IT RESOLVED, as of April 12, 2016, the Town of Brant’s “kennel fee” shall increase from $5.00 per day, per dog to $10.00 per day, per dog for each day it/they remain in the shelter without the owner’s knowledge. Upon notification of owner of identified and unidentified dogs, the owner shall have 36 hours to redeem their dog. If the owner fails to redeem their dog within that first 36 hour period after notification, the per day kennel fee will rise to $50.00 per day per dog, beginning the 37th hour after the owner has been notified.
BE IT FURTHER RESOLVED, the Town of Brant already limits the “holding” of stray dogs to five days. Any owner, who has not redeemed their dog within five days, forfeits ownership of the dog, which will then be placed up for adoption. The balance of the fees listed on the previous resolution # 358 of 2010 shall remain in effect. They were as follows: $25 impound fee for the first impound, $35 impound fee for the second impound, and $50 for the third impound fee, plus kennel fees as stated in this resolution dated April 12th, 2016.
Supervisor Pero motioned to adopt the resolution to raise the kennel fees as stated, 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. RESOLUTION ADOPTED.
Supervisor Pero then motioned to accept the Dog Control Officer’s report as presented, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT MARCH 2016: The March 2016 police report was read by Police Chief Donald Hepkins. Chief Hepkins then announced that through connections with Border Patrol he was able to secure a grant for a plate reader that should be up and running by the end of summer. The grant is in the amount of approximately $25,000.00. The grant will be part of Homeland Security. The Plate Reader would be maintained by Erie County. Attorney Trask warned the Board that a policy must be in place to handle FOIL requests in relation to the use of the Plate Reader. He added that there are a lot of abuses with the plate readers and the policy must be put into place before the use of the reader. Supervisor Pero then added that the Town Board must approve the acceptance of the grant. He then made a motion to accept the grant and was seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR MARCH 2016: The Town Clerk’s monthly activity report for March 2016 was read by Clerk Daniel. Her report requested the Board acknowledge the permanent appointment of Deputy Clerk Karen Speers. The clerk advised the Board that Roger Glass Port-a-john’s new pricing is $48/mo. per regular port-a-john and $99.00/mo. per handicapped unit.
She then noted that the State has adopted its budget and two items of interest are a change to the STAR program for new home buyers, and that New York is now scheduled to phase in a $15.00 per hour minimum wage by the years 2021. Councilman DeCarlo motioned to approve the Town Clerk’s report and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD: Board secretary Lynda Ostrowski presented the planning board’s April 5th report. Upon the reading of their recommendations regarding the variance application they reviewed, Attorney Trask advised the Secretary to correct the minutes to list the type of SEQR mentioned as Type II. Councilman Kaczmarek motioned to approve the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: Nothing to report
RECREATION DIRECTOR’S REPORT: Supervisor Pero noted that Vince Fininzio came in and advised him that he would like to have interviews for the Recreation staff on Sunday, May 22 at 6:00 PM.
PARKS COMMISSIONER’S REPORT: Nothing to report
TOWN HISTORIAN REPORT: The Town Historian report was presented by Supervisor Pero. Councilman Clark motioned to accept the report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: No reports presented.
SENIOR’S REPORT: Secretary to the Seniors, Lynda Ostrowski presented the Senior’s monthly report for their April meeting. Councilman DeCarlo motioned to accept the report as read, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
OLD BUSINESS:
INTER-MUNICIPAL AGREEMENT WITH FARNHAM RE: GRANT: Supervisor Pero noted that he did not have a copy of the IMA in the packets. Therefore, the Board was asked to authorize the Supervisor’s signature on the agreement upon review and approval from the Town Attorney. Councilman Kaczmarek motioned to authorize the execution of the IMA with Farnham, subject to Town Attorney approval, and was seconded by Councilman Clark. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
Attorney Trask advised the Town to enact a policy as to whom will have access to the information stored, due to the danger of servers being hacked into. He then asked what will protect the files from being accessed by the wrong entity. The Clerk explained that the data will be encrypted according to the standards of the Department of Defense. The servers will be in secure locked locations.
-BREAK AT 8:00 PM FOR PUBLIC HEARING-
The Town Clerk read the Legal Notice:
LEGAL NOTICE
TOWN OF BRANT, NEW YORK
NOTICE OF PUBLIC HEARING
Pursuant to resolution of the Town Board of the Town of Brant, New York, notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 12th day of April, 2016 at 8:00 P.M. Local Time, for the purpose of considering Proposed Local Law No.1-2016 which, if approved, would enact a new Town of Brant Zoning Code Section 161-67.B.3. granting the Brant Town Board authority to approve, deny and set conditions for the annual renewal of Special Use Permits following a Public Hearing.
Copies of the proposed local law are available for review in the office of the Town Clerk. All interested parties will be given an opportunity to be heard.
Dated: March 22, 2016
Barbara Daniel
Brant Town Clerk
Upon the reading of the Notice, Supervisor Pero motioned to open the Public Hearing, and was seconded by Councilman Kaczmarek. All ayes, 0 nays.
DISCUSSION:
The Town Attorney noted the current Special Use renewal process as being done by the Code Enforcement Officer Gary Brecker upon his review that conditions are being met by each special use permit holder. With the new law, the Town Board would now hold a public hearing at which all the special use permits are brought forward. The applicants are welcome to attend the public hearing. The public is welcome to comment on activity that may have impacted them in the past year related to the activities being carried on pursuant to the special use permit. Then the Town Board will have the ability to decide if the special use permit should be renewed with the same conditions or to not be renewed. The law does allow some back and forth between the Board and the applicant to work it out.
Code Officer Gary Brecker noted that the Special Use permits are due to expire in June. There are no SUP’s that expire in December. Trask noted that the month of June should be the only month a special use permit should expire. Supervisor Pero then stated that the June meeting from now on should designated for the special use permit renewals. Attorney Trask noted that he received a response from Erie County Department of Planning. Their response showed no opposition and they advised that it was a type II action under SEQR and therefore no additional action was required under SEQR. Erie County Planning also recommends that when a special use permit is up for renewal, the Town Board consult legal counsel. Planning also reminded the Board of other items normally considered during a special use permit review, such as notifying neighboring municipalities, the State Park agency or Erie County if any of the actions are going to take place within 500 feet of any of their property. Also, NYS Ag & Markets law gives special protection to agricultural practices.
Attorney Trask stated that since the proposed local law was available for public review prior to the meeting, it was unnecessary to read it prior to the adoption.
Supervisor Pero asked if the public had any comments. Debra Ritz noted a typo. Attorney Trask will correct the typo.
At 8:09 PM Supervisor Pero motioned to close the public hearing, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. PUBLIC HEARING CLOSED.
Supervisor Pero asked the Attorney if he should read the Negative Declaration. Per Attorney Trask, since the adoption of Local Law #1 is a Type II, no further action under SEQR is required. The Board may go ahead and adopt the local law.
At this time Councilman Kaczmarek motioned to adopt Local Law #1 of 2016. He was seconded by Councilman Clark. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. LOCAL LAW #1 ADOPTED.
OLD BUSINESS:
CDBG GRANT- ADA IMPROVEMENT TO SR. COMMUNITY ENTRANCE: Supervisor Pero noted that the County has requests an update on the status of the Grant to install ADA improvements to the Sr. Community Building entrance. He told the County he will get back to them. He noted that he has received no updates from Councilman Muffoletto and since the Councilman has not acted on the project, he is taking the project back. He will talk to the Councilman.
BRANTFEST MEETING: Brantfest Committee Secretary and Member Lynda Ostrowski read the report from the meeting held on April 4th. Councilman DeCarlo noted the next Brantfest meeting is tentatively scheduled for Monday April 18th at 7:30 PM at the Senior Community Building. Attorney Trask wanted to clarify the status of the Brantfest committee members as being Councilman DeCarlo, Lynda Ostrowski and Jason Peters. He then added that since the other Town Board members present were not actual voting members of the committee, then it’s not one of those things you have to worry about. Supervisor Pero explained he thought that any time two or more Board members get together, even at dinner, you have to be concerned. Attorney Trask answered if you are talking Town business, yes. But this is Brantfest business. Pero explained that the Town receives checks and pays bills for Brantfest, therefore, is it Town business since the Town is responsible? Trask responded that if three or more members of the Board will be present at the meeting then comply with Open Meetings Law just to be safe. The clerk stated she posted it as a Board meeting because a majority of the Board would be participating in the meeting and people want to know when the Board is meeting.
BRANT FIREMEN COMPENSATION CHECK: Supervisor Pero advised the Board that he received the reimbursement check from the Brant Fore Company for the Worker’s Comp.
SNOW PLOW REPAIR: Supervisor Pero mentioned that the snow plow repair was approved at the March meeting.
CAMERA SYSTEM FOR PARK: This item is tabled until next month
PURCHASE OF NEW POLICE VEHICLE: It was noted that the process has begun for the purchase of the new police car with four year financing. The necessary items were mailed out.
FUTURE GROUNDS BUILDING: Councilman Clark stated the Town should have its own building for the storage of Town equipment on Town property. Allen will look into pricing. Discussion was tabled. Supervisor Pero spoke against placing the dog kennel at the Park. He reminded the Board about barking, possibility of vandalism, dog manure to deal with, etc. The objection about the kennel remaining at the Dog Control officer’s home was that Ag & Markets is now asking for a cement pad to be laid. The DCO responded that the only thing A&M insisted on was the cover over the runs. Pero reminded that there was a cover that was damaged due to the snow. Discussion on the dog kennel was tabled.
ELECTRONIC SIGN FOR PARK: Councilman Kaczmarek discussed the purchase of an electronic sign for the park entrance. No action was taken.
NEW BUSINESS
I.S.O. FIRE COMPANY RATING: Supervisor Pero acknowledged an ISO rating of the Town’s Fire departments. The ratings received may impact homeowner insurance rates. According to Supervisor Pero, Cindy Lowery from ISO has been unable to contact Chief Peter Chiavetta and Chief David Pero to discuss the rating. Since then, contact has been made and they are working on the ISO rating.
ZONING BOARD OF ASSESSMENT & REVIEW LETTER: Supervisor confirmed with Joseph Ostrowski that he did attend the training as required be Erie County. Ostrowski confirmed that he will be attending training on April 28th.
APPROVAL OF REPAIR/REBUILD OF TRANSMISSION ON CAR 72: Two quotes received. Quote from Continental Transmission quotes $1,400 and gives a 12,000 miles or one year warranty. Northeastern Parts quotes $2,100 and gives 36,000 miles or 3 year warranty.
Supervisor Pero motioned to approve Northeastern Parts to rebuild the transmission at a cost of $2,100.00. Councilman DeCarlo seconded the motion. A roll call vote was taken: Suupervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
REPORTS OF COMMITTEES: Brantfest already discussed.
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Looking into Park camera options. Also working with Brantfest
Committee.
COUNCILMAN CLARK: Working with the Brantfest committee. He will be sending letters out this week to the fire departments to put together at least 8 waterball teams. He is also working on contacting Time Warner. He then mentioned that Councilman Muffoletto reached out to the Grant writer Connie Miner who may have found grant money for Broadband.
COUNCILMAN DeCARLO: Working on Brantfest.
COUNCILMAN MUFFOLETTO: Absent. Pero asked Lynda Ostrowski about the status of the concerts. She expressed a desire to seek sponsorships. Councilman Clark said if the money is there, just use it.
SUPERVISOR PERO:
Book mobile will be here from 4 pm to 8 pm on Fridays.
UPDATE ON TOWN HALL BAN: Paying the last payment for the Town Hall
Letter from Dave Sink regarding the virus
Assigned Councilman Clark to coordinate the Memorial Day service for the Memorial Park on May 30th.
RECOGNIZED PRIVILEGE OF THE FLOOR: No one spoke
CORRESPONDENCE:
• Received a Homeland Security letter asking if any of our grants was over $500,000.00
• U.S. Census letter
• Evans Agency, disclosure form
• Visiting Nurses Association immunizations. Has chosen October 16th thru the 22nd as possible dates.
• Sales Tax, 1.0% greater than last year’s corresponding payment.
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Supervisor Pero read the following Abstract 4:
Abstract 4 of 2016
*Prepaid and unpaid as of 4/12/16 Total Claims $124,637.44
Gen Fund Town wide Vouchers Totaling: $97,352.54
Gen Fund – Part Town Voucher Totaling: $15,273.49
Highway T.W. Vouchers Totaling: $8,788.28
Highway P.T. Vouchers, Totaling: $655.83
Fire Protection: Vouchers: Totaling: 0
Street Lighting: Voucher Totaling: $2,567.30
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 (2 payrolls):
General Town Wide Payroll 3/06/16 TO 04/1/16 – Totaling $39,134.88
General Part Town Payroll 3/06/16 TO 04/1/16 Totaling: $645.90
Highway Payroll TW 3/06/16 TO 04/1/16 Totaling: $7,664.46
Highway Payroll PT 3/06/16 TO 04/1/16 Totaling: $0
REQUEST TO PRE-APPROVE PAYMENT FOR:
Tractor Supply Credit Card charged out of DA5110.4………..$229.98
Councilman DeCarlo motioned to approve payment of Abstract 4 of 2016, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
NEXT TOWN BOARD MTG MAY 10, 2016 AT 7:00 PM
Supervisor Pero then motioned to adjourn the meeting AT 8:50 pm with a moment of silence for the recently deceased Lee Brunelli, Maxine Becker, Phyllis Wilson Krantz, Angie Dibello and Ronnie Beuzenburg. He was seconded by the balance of the Board. 4 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk
