This Regular Meeting of the Brant Town Board was held on Tuesday, October 11, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Leonard Pero Supervisor

Mark DeCarlo Councilman

Donald Clark Councilman

Chad Kaczmarek Councilman

Michael Muffoletto Councilman

William Trask, Sr. Town Attorney

Barbara J. Daniel Town Clerk, Recording Secretary

ALSO PRESENT & LEGIBLY SIGNED IN WERE:

Janice Ross , Planning Board member & Highway clerk

Lynda Ostrowski , Secretary to the Boards

Joseph Ostrowski , Planning Board chairman

Don Hepkins (Police Chief)

Karl Simmeth (Assemblyman DiPietro’s representative)

Debra Ritz

Brian Rott

Ron Kobel

Janet Bowman (Assessor’s clerk)

Patty Friend (Historian)

The meeting opened at 7:00 PM with the pledge of allegiance.

MINUTE APPROVAL SEPTEMBER 13th REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes the September 13^th 2016 meeting. Supervisor Pero seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
 

BUDGET MODIFICATIONS: Supervisor Pero read from his Budget modification per the Town Accountant.

Councilman Kaczmarek motioned to approve the budget mod #5 for month ending July 31, 2016 as presented and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Muffoletto-temporarily absent, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays, 1 absent. MOTION CARRIED.

TOWN CLERK’S FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s August 2016 Regular Financial Report, seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S AUGUST 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve both the bail and regular financial reports of both justices. Supervisor Pero seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker presented his September report. Discussion followed regarding the use of private homes as a bed & breakfast. Attorney Trask was asked to look into the rental uses for the R-2 zoning district. This topic will be discussed under old business at the November meeting when the Attorney has information. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S SEPTEMBER 2016 REPORT: The September Dog Control officer’s report was presented by the DCO. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT SEPTEMBER 2016: The September 2016 police report was read by Councilman DeCarlo. He then motioned to approve the report as read and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

LETTER OF RESIGNATION RECEIVED FROM OFFICER NICK NESCI: Supervisor Pero read a letter of resignation from Officer Nick Nesci due to other commitments. He would like the option to return if his commitments change. Supervisor Pero motioned to approve the resignation with regret, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR SEPTEMBER 2016: The Town Clerk’s monthly activity report for September was read by Clerk Daniel. The Clerk brought to items that needed addressing:

• At the request of Police Chief Donald Hepkins, the clerk seeks approval for IT person David Sink to change the Town’s hosting server for the Town’s website and email due to ISG’s unwillingness to update their security certificate. It is the Chief’s concern that the lack of a current security certificate will leave the Town’s email vulnerable to hacking.

Supervisor Pero motioned to approve the server change. Councilman DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

• The Town Clerk noted she was approaching a time when she will need information from all departments to complete their respective pages on the new website. She asked the Board to require all departments to provide the information. Councilman Muffoletto motioned to require all departments to provide requested information for their web pages. The motion was seconded by Councilman Clark. A roll call vote was taken: Councilman Muffoletto-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero then motioned to accept the Town Clerk’s report as presented, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Board secretary Lynda Ostrowski read the Planning Board report for the October 4^th meeting. The Planning Board also presented a letter to the Town Board requesting that a moratorium be placed on the dumping of Fracking material within the Town of Brant. It was discussed that the dumping of Fracking material is already unlawful in the State of New York and that to make another law against Fracking with the Town is over-regulating. Supervisor Pero asked Attorney Trask to look into the matter, and the issue will be on next month’s Agenda under old business. Councilman Clark motioned to accept the report as presented and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: No Zoning Board meeting was held

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT: Parks Commissioner Allen Nolan was not present. No report was given.

TOWN HISTORIAN REPORT: The Town Historian report for the August meeting was presented by Historian Patty Friend. October 19^th was noted as the next meeting date, and all are welcome to attend. Councilman Kaczmarek motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: Nothing to report.

SENIOR’S REPORT: The Senior’s meeting report was presented by Secretary Lynda Ostrowski. Supervisor Pero motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero then acknowledged Karl Simmeth (Assemblyman DiPietro’s representative) and asked him if he would like to speak. Mr. Simmeth commented the following:

• He will look into the law against the dumping of Fracking materials in NYS.
• Advised of new legislation for NYS retired veterans that will allow them to buy back 3 years of time from the NYS retirement system.
• Notified those present that Assemblyman DiPietro is back in his local office and is available if anyone needs him
• Requested the Board notify his office if there is a resident of special interest that should be recognized by the Assemblyman.

Supervisor Pero then recognized Farnham Mayor Jere Hoisington and asked if he would like to speak. Mayor Hoisington spoke of the Village seeking grants and fund raising to purchase a clock for the park to commemorate the Villages 125^th year. The prices are high ($14,900). Karl Simmeth stated that he will look into any funding that may be available, and Supervisor Pero stated that perhaps the Town can contribute something for next year.

OLD BUSINESS:

CAMERA UPDATE: Supervisor Pero asked for an update on the cameras. Councilman Kaczmarek noted that there were 2 installed on the concession stand. One aimed toward the back, one aiming toward the rec. center. The one on the rec. center is under the overhang. Brian Rott spoke on behalf of DFT. He noted that the cameras are all recording. He mentioned the various locations and then advised the Board to decide who was going to have access. The permission will need to be in writing and sent to the company. Each user will be assigned their own password. The highway camera is the only one online that users can log in to view. The others require the user to physically go to the unit to retrieve the footage. DFT is going to be adding a monitor and am arm at their expense so that users can go to the unit and log in to view the footage without having to carry a monitor with them.

Councilman Kaczmarek then advised the Board that the playground and driveway are not covered right now. He suggested the Board purchase one more camera to cover that zone so the park is completely monitored. The price for another camera is $600.00. The camera which provides a 90 degree view can be mounted on the rec. building and angled to view part of the pool, the playground, driveway and announcement booth. Councilman DeCarlo asked why they are unable to access the other cameras online. Councilman Kaczmarek responded that there is no internet. It was determined that the cable line ends at the pole outside the rec. building. Councilman Muffoletto will check with the Cable company to see what it would take to bring internet to the cameras.

At this time, Councilman Kaczmarek motioned to approve the purchase of another camera in the amount of $600.00 to be attached at the rec. building, and to direct the cable company to extend the cable from the pole to the rec. building. Councilman Clark seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

PLATE READER UPDATE: Police Chief Hepkins stated the system is being put together by the County.

UPDATE ON JUSTICE COURT AUDIT: Joseph Ostrowski advised that the Court Clerks will be ready around the second week of January. He will get with them in the middle of December to get a date.

SOLAR LAW UPDATE: Supervisor Pero announced that he now has a copy of the Solar Law draft to review.

HAND SCANNER UPDATE: Supervisor Pero noted that the hand scanner has been installed at the highway garage. As of Monday the 17^th of October, the highway employees will be logging in with the hand stamp. Supervisor Pero acknowledged that the highway is about to hire 2 new employees. He asked the Board if they could approve the appointment without setting a rate of pay at this time. The attorney stated that the Board was better off waiting until the rate is determined, and then act at the next meeting, provided the next meeting is public and advertised noting that action will be taken. No action was taken at this meeting.

NEW BUSINESS:

DATE CHANGE FOR NEXT REGULAR TOWN BOARD MTG DUE TO ELECTION: Supervisor Pero acknowledged that the next regular Town Board meeting was set for November 8^th, which is election night. He then motioned to change the meeting date to Wednesday, November 9th. Councilman Clark seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

BUDGET WORKSHOP SCHEDULED: Supervisor Pero advised the Board that a budget meeting would be needed to review the Tentative budget and adopt the Preliminary. Much discussion occurred as the Board had prior engagements for each date suggested. Town Attorney Trask advised the Board that the preliminary budget must be adopted on or before the Thursday following the election. Therefore, if the Board wishes to adopt it final budget on November 9^th, the Preliminary must be complete and in the hands of the Town Clerk no later than the 1^st of November in order to ensure it is available for the public and the legal notice is published at least 5 days prior to the public hearing to adopt the final budget. After much discussion, 6:00 PM Friday October 28^th was the chosen date for the Special Budget meeting.

8:00 BREAK FOR PUBLIC HEARING REGARDING CDBG GRANT APPLICATION:

The Town Clerk read the Legal Notice:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING

THE TOWN OF BRANT will hold a public hearing on Tuesday, October 11, 2016 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.

October 2, 2016

By order of the Brant Town Board

Barbara J. Daniel, Brant Town Clerk

Supervisor Pero then motioned to open the public hearing at 8:00 PM and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.

Discussion: Supervisor Pero began to discuss the various projects the Town has been able to accomplish through the use of CDBG Federal funds. Projects in the past have been improvements such as the creation of the Memorial Park, the Route 5 & 20 Economic study, the Senior Recreation building exercise, the ADA improvements at the Park to name a few. This year, the general area of priority is the update of the Town of Brant’s and Village of Farnham’s Master plan. The cost to create an updated Master Plan would be approximately $28,000 and per grant requirements, the Town’s 5% portion, would be $1,400.00. The second request should be the funding of Rural Transit.

Supervisor Pero asked for other suggestions or comments from the public. The audience made no suggestions. At 8:09 PM, Councilman Kaczmarek motioned to close the public hearing, seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.

Councilman DeCarlo then moved to adopt the following resolution being read by Supervisor Pero:

WHEREAS, following the Public Hearing of October 11, 2016 which was held at the Brant Town Hall for suggestions by the public for projects to be submitted for funding, and in consideration thereof,

NOW, THEREFORE BE IT RESOLVED, that the Brant Town Board submits the following projects to be considered for funding by the Erie County Community Development Block Grant Program during the 2017-18 grant cycle:

1^st Priority - Town of Brant & Village of Farnham Comprehensive Master Plan Update; and

2^nd Priority - Rural Transit Service.

NOW THEREFORE BE IT RESOLVED that the Brant Town Board authorizes Leonard K. Pero, Town Supervisor, to sign, submit and if funded, execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for the cited projects upon approval of the ECCDBG.

NOW THEREFORE BE IT FURTHER RESOLVED that the Brant Town Board provides matching funds in an amount not to exceed $1,400 of the total project cost using a 5% cash match from the Town’s Master plan (A8989.4) line item.

Seconded by Councilman Kaczmarek and put to a roll call vote:

Councilman DeCarlo Aye

Councilman Kaczmarek Aye

Councilman Clark Aye

Councilman Muffoletto Aye

Supervisor Pero Aye

5 ayes, 0 nays RESOLUTION ADOPTED

1000. NIGHT FREE CONCERT CHANGE OF VENUE: Supervisor Pero acknowledged a suggestion from Concert Committee member Lynda Ostrowski to change the location of the free summer concerts to the Village of Farnham Veteran Park. The change of venue would attract a larger audience and would allow the Village and Town share services. Councilman Muffoletto motioned to approve the change of venue, and Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

EVANS DISPATCH TO INCREASE COST TO TOWN OF BRANT: Supervisor Pero addressed a notice he received from the Town of Evans. The cost of this year’s contract is $2,750.00 but will rise to $15,000.00 starting in 2017. The Supervisor is going to look into allowing the Erie County Sheriff’s to provide the Town’s dispatch services, which will be free. Using the Sheriff’s would require the purchase of one radio. Discussion began about the affect the change would have on the Fire Companies. After much discussion, Councilman Muffoletto motioned to offer the Town of Evans $3,000.00 for their dispatch services starting in 2017. Councilman Clark seconded the motion. A roll call vote was taken: Councilman Muffoletto-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

The decision on whether to switch to the Erie County Sheriff’s dispatch services is tabled until the November meeting.

HALLOWEEN HOURS: Supervisor Pero noted that tricks or treats will now be permitted between the hours of 6 pm to 8 pm on Monday October 31^st. He then asked for a motion to approve the hours. Councilman DeCarlo motioned to approve the hours as noted by Supervisor Pero, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.

WARGULA SCHOOL TAXES: Supervisor Pero motioned to approve the payment of the school taxes on the Wargula property recently purchased by the Town. The amount is $890.03 and this will be the only year the Town will have to pay them. Councilman Clark seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

REPORTS OF COMMITTEES: No reports presented.

TOWN BOARD REPORTS:

COUNCILMAN KACZMAREK:

• Working on the sign for the park. The price QUOTED BY Greyline sign for a 41” high x 5 ‘ long sign is $15,000. He noted that we budgeted $5,000.00. No decision. Item tabled.

• He then advised that a water line to the field is needed for the skate rink. He spoke with Paul who dug the line for the cameras and he stated that he can dig the water line for $500.00 and it should take about an hour. He asked that the line can be finished before the playoffs on the 29^th. Supervisor Pero suggested approving $1,000.00 for the project which will include purchase and installation of poly pipe and a hydrant. Councilman Kaczmarek motioned to approve the project with a cost not to exceed $1,000.00 and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

• Advised the Public that the playoffs will be at the Brant Park starting at 10 am to 8 pm on October 29^th. There will be 4 games played on 3 fields for a total of 12 games throughout the day. Attendance is expected between 2 to 3 thousand.

SUPERVISOR PERO:

• Looking into the government funding programs to help with the cost of recycling. He noted the possibility of receiving some reimbursement on what we spent this year. However we will not be hosting a One Stop Drop this year.
• Reminder visiting Nurses are coming on October 22^ND from 10 am to 2 pm at community bldg for flu shots [clerk’s note: Supervisor Pero erred in announcing October 24th]
• Reminder that the Bookmobile comes every 1^st and 3^rd Fridays from 5 pm to 8 pm.
• Supervisor Pero attended 11 meetings in September

RECOGNIZED PRIVILEGE OF THE FLOOR:

Police Chief Hepkins noted that he forgot to mention the Patrol Car (Crown Vic) is overheating. He advised that parts are available on the old car that was supposed to be sold. The parts would otherwise cost approximately $300.00. The board advised not to remove parts from old car as it is to be sold.

Town Historian asked about the person who was seeking genealogy items at the Town Clerk’s Office. She was curious to see if it would have been something the historical society would have been interested in. The town responded that it was a private person trying to find a few of her deceased ancestors.

No further discussion.

CORRESPONDENCE:

• Letter from Charter Communications regarding the different channels they will be offering.
• Supervisor Pero wrote a letter to Brenda O’Neil on behalf of Rural Transit ranking their service and showing the Town’s support.
• Thank you letter from Lakeshore Boys & Girls Club for the $1,000.00 donation.

MISCELLANEOUS INFORMATION:

• Public Service Letter regarding public hearings to be held regarding the delivery rates being charged by National Fuel and National Grid. Supervisor Pero has the information about the hearing to be held at the Buffalo Library on October 26. See Supervisor Pero if interested.
• Spoke with Rob with Solar Liberty. He reiterated that the Town Board had previously agreed to go ahead with the program to install the Solar Panels at the old dump site. Rob advised the Supervisor that the Town didn’t reach the right amount of Kilowatts to warrant free electric for the Town. Supervisor Pero responded that Solar Liberty didn’t take into account the street lighting use in the Town and he was then advised that the street lighting would be enough to get us started. Supervisor Pero projects that the site will generate enough income to pay for the electric of all Town Buildings.

He then spoke of another community wide program available. The program would allow people to lease or buy a solar panel. The electric generated off the panel you lease or buy would then be credited to your account. The program is new and he will look further into it.

Supervisor Pero read the following Abstract 10:

*Prepaid and unpaid as of 10/11/16 Total Claims $55,250.65

Gen Fund Town wide Vouchers Totaling: $39,746.48

Gen Fund – Part Town Voucher Totaling: $7,867.78

Highway T.W. Vouchers Totaling: $4,085.43

Highway P.T. Vouchers, Totaling: $313.81

Fire Protection: Vouchers: Totaling: (SF) $

Street Lighting: Voucher Totaling: $2,313.01

H Capital Projects: Vouchers none, Totaling: $0

Lotus Bay Sewer Dist. 1: Vouchers: $0

Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0

SW Brant Water Dist 1: Voucher: none – Totaling $60.00

CD Special Grant Fund: unpd: None, Totaling: $864.14

PAYROLL (2 payrolls):

General Town Wide Payroll 09/04/16 TO 09/30/16 – Totaling $41,646.05

General Part Town Payroll 09/04/16 TO 09/30/16 Totaling: $669.58

Highway Payroll TW 09/04/16 TO 09/30/16 Totaling: $3328.27

Highway Payroll PT 09/04/16 TO 09/30/16 Totaling: $3,464.19

Councilman Clark motioned to approve Abstract 10, seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

NEXT TOWN BOARD MTG NOVEMBER 9, 2016 AT 7:00 PM (7:30 pm June thru Sept).

Supervisor Pero noted that the Board will be entering an executive session for personnel issues after adjournment. No action will be taken.

20. 9:00 PM, Supervisor Pero motioned to enter executive session to discuss personnel issues after observing a moment of silence in memory of Paul Rosiek and Peter Loretto who recently passed away. No action would be taken in the executive session. He was seconded by the Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 5 ayes, 0 nays.

At 9:50 PM, Councilman Clark motioned to close the executive session, seconded by Councilman Muffoletto.

5 ayes, 0 nays. Motion carried.

At 9:51 PM Supervisor Pero motioned to adjourn the meeting and was seconded by Councilman DeCarlo.

5 ayes, 0 nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk