This Regular Meeting of the Brant Town Board was held on Wednesday, December 13, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Chad Kaczmarek Councilman, Acting Supervisor

Mark DeCarlo Councilman

Donald Clark Councilman

Barbara J. Daniel Town Clerk, Recording Secretary

ABSENT: Leonard Pero, Supervisor

Michael Muffoletto

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)

Frank Broughton, ZBA Chairman

Peter Chiavetta, Farnham Fire Chief

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

MINUTE APPROVAL NOVEMBER 9 REGULAR TOWN BOARD MEETING and the OCTOBER 28 SPECIAL BUDGET MEETING: Councilman Clark motioned to accept the minutes the both meetings. Councilman DeCarlo seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
 

19. FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman DeCarlo to accept the Supervisor’s September 2016 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MODIFICATIONS: The Budget modification was not received from Town Accountant Richrd Gryksa. The accountant was present and went to get it from his office.

TOWN CLERK’S FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s August 2016 Regular Financial Report, seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S SEPTEMBER 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. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT TABLED: Code Officer Gary Brecker was not present. He will give his October report in December.

DOG CONTROL OFFICER’S OCTOBER 2016 REPORT: The October Dog Control Officer’s report will be presented at the December meeting.

POLICE REPORT OCTOBER 2016: The October 2016 police report was read by Chief Donald Hepkins. Councilman Clark motioned to approve the report as read and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR OCTOBER 2016: The Town Clerk’s monthly activity report for October was read by Clerk Daniel. The Clerk brought addressed a proposal she received regarding the new website:

• A letter from RoseMead Services was read by the Town Clerk. It contained an offer to update each department’s web page at a quoted price of $15.00 per hour. The Town would be billed by RoseMead Services who will be responsible for the withholding taxes, etc. Work would be conducted by Lynda Ostrowski on an as needed basis. Each Department will be charged for the work done to their pages. The Town Clerk asks for “Board Approval”, and advised that each department will be able to decide if they need the services of RoseMead.

Councilman Muffoletto motioned to approve the hiring of RoseMead Services to create and maintain web pages on an as needed basis for all Town Departments. Councilman Clark seconded the motion. A roll call vote was taken: Councilman Muffoletto-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Councilman Clark then motioned to approve the Town Clerk’s report as presented, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Board secretary Lynda Ostrowski read the Planning Board report for the November Meeting. Councilman Clark asked if there was any activity from the Variance application for the store which was to be built next to Signals Gas Station. The reply was no. The applicant failed to follow through on the recommendations of the planning board. Councilman Kaczmarek motioned to accept the report as presented and was seconded by Councilman DeCarlo. 4 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. Councilman Kaczmarek noted that the skate rink will be installed as soon as the ground freezes. A water line is going to be installed. Councilman Clark commended Councilman Kaczmarek for making the park so popular with three football games going at once during the recent playoffs.

TOWN HISTORIAN REPORT: The Town Historian report for October was presented by Town Historian Patty Friend. She noted a few donations such as a very old flag from Clark Borngraber which draped the coffin of Clark’s grandfather Morgan Clark. Morgan Clark was born in 1845. At the end of her report, Town Accountant Richard Gryksa suggested the Historian contact him to set up monthly bank reconciliations for the Town Board, since there is a bank account specifically for the Historical Department. Councilman Kaczmarek motioned to accept the report as read, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

SENIOR’S REPORT: The Senior’s meeting report was presented by Secretary Lynda Ostrowski. It was noted that the Senior’s meeting date in December will be changed to December 5^th. Councilman Clark motioned to accept the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: Councilman Clark noted that a meeting was held between two of the Board members (Chad and Mark) and the Brant and Farnham fire chiefs. The meeting was productive.

OLD BUSINESS:

AIRBnB: Planning Board chairman Joe Ostrowski explained the article received from the Boismenu’s regarding www.AirBnB.com. He stated that the legislation was new and the Town Attorney will need time to review it. He also noted that the article states single family homes are exempt. The discussion was tabled until the December meeting.

NEW BUSINESS:

APPOINTMENT OF CLEANING PERSON: The Board received several applications for the position of custodian. Supervisor Pero had made a note to the Board to check with Building Superintendent Allen Nolan about the applications. The decision was tabled until December.

REQUEST TO ADD 4^TH ITEM TO NEW BUSINESS: At earlier recommendation of the Town Attorney who was not present at this meeting, Councilman Kaczmarek requested the Board allow him to add a 4^th item under New Business. The item pertained to the snow plow agreement with Erie County. Councilman DeCarlo motioned to allow the additional item, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

SNOW PLOW CONTRACT WITH ERIE COUNTY: Acting Supervisor Kaczmarek advised that Attorney Trask received a new contract from Erie County that contains a few changed items. The changes will require review by the Town Attorney. Councilman Muffoletto motioned to approve the new agreement subject to review and approval of the agreement by the Town Attorney. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

REPORTS OF COMMITTEES: No reports presented.

TOWN BOARD REPORTS:

COUNCILMAN KACZMAREK:

• Working on the installation of a water line to be installed to the skate rink. The skate rink will be installed as soon as the ground is frozen.
• The park sign is on hold. Councilman Clark noted that the Brant Fire Company is also looking into getting a sign. Joining with Brant may help lower the cost.
• The use of the park during the playoffs went well, with only one parent issue. Port-A-Potties can now be removed from the Park.
• Councilman Kaczmarek advised the Board that wrestling will soon begin. He informed them that the Recreation building will be used Monday through Friday for approximately 1 to 1-1/2 hours. Councilman Clark motioned to approve the use of the building for Lakeshore Youth wrestling, provided they provide a current liability insurance certificate. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

COUNCILMAN CLARK: Reminded those present about the upcoming spaghetti dinner at the Brant Fire Hall this Sunday the 13th.

COUNCILMAN DECARLO: Nothing to report.

COUNCILMAN MUFFOLETTO: Working on Time Warner for the extra camera.

Chief Donald Hepkins announced that the Village of Farnham was hosting a Veteran’s service in the Village of Farnham at 11 Am on Friday the 11^th.

BUDGET MODIFICATION: Councilman DeCarlo read the Budget modifications per the Town Accountant.

Councilman Clark motioned to approve the budget mod #7 for month ending September 30, 2016 as presented and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

SET PUBLIC HEARING DATE FOR FIRE CONTRACTS: Acting Supervisor Chad Kaczmarek asked for a motion to set December 13 at 8:00 pm to hold a public hearing for the Fire and Ambulance Contracts. Councilman DeCarlo made the motion, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING – 2017 BUDGET PUBLIC HEARING - 8:00 PM

The Town Clerk read the Legal Notice:

LEGAL NOTICE
TOWN OF BRANT
NOTICE OF PUBLIC HEARING ON THE

PRELIMINARY BUDGET FOR THE YEAR 2017


Notice is hereby given that the

Preliminary Budget for the fiscal year beginning January 1, 2017 and the required Tax Exemption Impact Report will be in the Office of the Brant Town Clerk where it is available for inspection by any interested person during regular business hours. Those interested may request a copy via email by sending an inquiry to townclerk@brantny.com.

PUBLIC HEARING for the Preliminary Budget will be held at the Brant Town Hall, 1272 Brant North Collins Rd, Brant, NY at 8:00 PM on WEDNESDAY THE 9th day of NOVEMBER 2016.

And at such hearing, any person may be heard in favor or against any item therein contained.

Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows:

Supervisor $20,363.00
Councilman (4)x each $4,777.25
Town Clerk/Tax Collector $29,130.00
Superintendent of Highways $31,340.00


DATED: October 31, 2016
BY ORDER OF THE
BRANT TOWN BOARD
Barbara J Daniel
Brant Town Clerk

Councilman DeCarlo motioned to open the public hearing and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

Discussion: Debra Ritz asked the Board if the issue discussed at the Preliminary Budget hearing regarding the Building Superintendant’s position has been resolved. Has it been determined what classification his position is? Will it be full-time? Part-time? Civil Service Competitive? Councilman Muffoletto replied that he spoke with the Town Attorney and this issue will be taken care of at the next meeting. He explained that once the position is approved through Civil Service, he can work under the Town Laws which will allow him to work 39-1/2 hours. Councilman Clark stated the position is a labor position and therefore will not require advertising or civil service testing. Councilman DeCarlo stated the money has been being paid from that line all along; therefore the budget will not be affected. He then added they will be opening it up as a full time position.

Ms. Ritz then asked about the dispatch issue, and questioned if it will affect the budget. Councilman Muffoletto responded that he met with Mary Hosler, and they were able to negotiate an increase to five-thousand for one year. This will give the Board time to research other options.

She noted the backhoe money was removed. Councilman Muffoletto stated there is no need for a backhoe.

She then suggested that all office staff should be paid comparably since no one works harder than anyone else. No one has a degree.

At 8:15 PM, the Councilman Clark motioned to close the public hearing. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING – LOCAL LAW #3 TAX CAP PUBLIC HEARING - 8:15 PM

The Town Clerk read the legal notice:

LEGAL NOTICE
TOWN OF BRANT,
NEW YORK
NOTICE OF PUBLIC HEARING - 2% TAX CAP LAW

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 9th day of November, 2016 at 8:15 PM Local Time, for the purpose of considering Proposed Local Law No. 3-2016 which if approved would authorize the Town of Brant to exceed the tax levy limit established by General Municipal Law Section 3-C of the 2017 budget year.

Copies of the proposed local law are available in the office of the Town Clerk. All interested parties will be given the opportunity to be heard.

Dated October 31, 2016

By Order of the Brant Town Board

Barbara J Daniel
Brant Town Clerk

Councilman Clark motioned to open the public hearing, seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

Councilman Kaczmarek read Proposed Local Law #3:

Town of Brant, County of Erie

A local law to override the tax levy limit established in General Municipal Law §3-c

Section 1. Legislative intent

It is the intent of this local law to allow the Town of Brant to adopt a budget for the 2017 fiscal year that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c.

Section 2. Authority

This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.

Section 3. Tax Levy Limit Override

The Town Board of the Town of Brant, County of Erie, is hereby authorized to adopt a budget for the 2017 fiscal year that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.

Section 4. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 5. Effective date

This local law shall take effect immediately upon adoption by the Brant Town Board.

At 8:22 PM, Councilman Kaczmarek motioned to close the public hearing, seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

Councilman Clark motioned to decline the adoption of the Tax Cap Law, Local Law #3 of 2016, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

RETURN TO THE ADOPTION OF THE 2017 BUDGET:

Prior to the reading of the budget, a letter from the Supervisor who was absent from this hearing was read at his request:

November 9, 2016

Dear residents of our wonderful Town of Brant,

Do to my health and Dr. Orders I regretfully am unable to attend tonight’s meeting.

I have instructed the Town Clerk to read this letter before the public hearing and to include this letter verbatim in the minutes.

I have been involved in Town government for 15 years and your Town Supervisor and Budget Director for the past 11 years. These 15 years of experience and the over 15 meetings a month that I spend with other supervisors and public officials has helped me be responsible as your Budget Director. Also with the help of Town Accountant Richard Gryksa, whom I have much respect for, because He has been the Town Accountant for over 30 years since the days of Supervisor William Fricano and has dedicated his time and supplied us with a budget program that was written by him to help guide this town forward. I believe that I have been very responsible and proud to say that I have never raised your tax rate for the past 10 years in a row and the town has been very successful all because of the practices I have learned and taken.

Richard Gryksa has reviewed every move I have taken over the years and together we have presented the 10 previous boards with a very competent and reasonable tentative budget that we adjusted slightly and then passed them without complications.

This year for the very first time, I handed the Town Board a tentative budget that would have been the same as previous years with no tax rate increase. But last Friday at the budget workshop it was very different. The board would not even listen to my explanations and treated me with total disrespect with regards to my advice to what I had to say.

In my tentative budget I gave all town workers & officials a 3% increase across the board, and made sure that there was money available for the highway department incase there would be unforeseeable damage to equipment.

Instead, the town board adopted a preliminary budget against my good judgment in which I voted no, shows payroll increases of 11.9 % in the Courts, 13.6% in the Assessors and 8.2 % Town Attorney and then talk of purchasing a new police car for the 3^rd year in a row.

They also, ignored the Town Clerks request for her department. I find this budget totally irresponsible and a detriment to the financial health of the Town of Brant. This budget shows an increase in taxes and this is without negotiating a fire contract and purchasing a new car. With this said the increases proposed will place the town over the tax cap and bring about an absence of a rebate check.

This board has been the most disrespectful of any board that I have ever been involved with.

AGAIN I am totally against the Town Boards new budget for 2017 and I vote NO.

RESPECTIVLY

Leonard K. Pero ----- Supervisor Town of Brant

Councilman Kaczmarek responded by stating that because this letter will become part of the record, he would like their response to be on the record. He noted the following:

Councilman Muffoletto added that Supervisor Pero was complaining about increases, but increased his own by about 85%, which the Board took back.

Councilman Clark stated that in the tentative budget, he had given himself a $15,000.00 raise.

Councilman DeCarlo added that the conflict he had with the Board began when he couldn’t have the increase, and when he refused to hire a secretary which would help with checks and balances within his department.

Councilman Muffoletto stated the Board feels he should have a secretary in case something happens to him.

Councilman Clark stated that the secretary position is a Town secretary for that department which is a service to the Town. Money was budgeted for a secretary. He added that it would be a conflict of interest for him to be his own secretary and there is more to that job than submitting payroll.

Councilman DeCarlo was against the Supervisor paying himself for the work he does with no oversight, and he wants to pay himself from the secretary fund. He went on to say the only thing factual about the letter was the mention of the tremendous value that Mr. Gryksa has brought to the Town for the many years that he has been with us. He then asked Mr. Gryksa, who was in the audience, if he felt the budget which contained the Board’s changes was a responsible budget. Mr. Gryksa responded “I do. I have no problem with it”.

Councilman DeCarlo read the following changes that were made to the Preliminary budget:

1. Legislative Board A1010.4 Contractual from $20,109 to $19,609.00
2. Justice Court Department reduced from $133,941 to $131,951 (lowered each contractual by $1,000)
3. Supervisor Department reduced from $45,500 to $40,500 (reduced A1220.11 secretary from $20,000 to $15,000)

Summary: Total General Fund Town Wide appropriations reduced $7,500.00

Next line changed was installment purchase debt:

1. A9785.6 increase from $12,782 to $18,782
2. A9785.7 (installment debt interest) increase from $2,637 to $4,137

Total line A9782 changed from $15,419 to $22,919

Therefore, the final figure for the General Fund Town wide A will be $1,114,560.00

The next change was the reduction in Property taxes from $449,533 to $445,820 (a decrease of $3,713)

Last change is an increase on line A599 from $50,000 to $53,713 bringing the budget to a 0% increase.

Upon completing his review of the changes, Councilman DeCarlo motioned to approve the changes made. Accountant Gryksa asked if the installment purchase was going to be a new car. Councilman Kaczmarek stated yes, they will auction another car. He added that car #7-2 is costing a lot for repairs, and it would be better to sell it and get a new one.

Resident Ron Kobel asked if there is money in the budget for a Town Secretary. The board responded yes. Kobel asked if the Board could hire a secretary. The Board members responded that they can hire a secretary but Supervisor Pero wouldn’t work with her.

Lynda Ostrowski mentioned that Angela Joy was being trained. Town Clerk Daniel responded that she is being trained to do the payroll. The Board objected to the arrangement stating they want a secretary to answer the phones, do the payroll, take care of recreation, etc. Councilman DeCarlo stated he is worried about a conflict that one person is working in two departments. Town Clerk Daniel responded that Angela is not doing to abstract. If she was, that would be a conflict as a separation of duties is required.

Councilman DeCarlo repeated the motion to approve the amendments to the 2017 budget. Councilman Muffoletto seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.

Councilman Kaczmarek motioned to adopt the 2017 budget, and was seconded by the balance of Board members. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

PRIVILEGE OF THE FLOOR: No one spoke

CORRESPONDENCE:

Councilman Kaczmarek stated there was no correspondence.

MISCELLANEOUS INFORMATION:

Councilman Kaczmarek read the following Abstract 11:

Abstract 11 of 2016

*Prepaid and unpaid as of 11/9/16 Total Claims $46,962.46

Gen Fund Town wide Vouchers Totaling: $34,805.05

Gen Fund – Part Town Voucher Totaling: $2,749.27

Highway T.W. Vouchers Totaling: $6,166.98

Highway P.T. Vouchers, Totaling: $719.42

Fire Protection: Vouchers: Totaling: (SF) $

Street Lighting: Voucher Totaling: $2,459.57

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 $0

CD Special Grant Fund: unpd: None, Totaling: $62.17

PAYROLL (2 payrolls):

General Town Wide Payroll 10/01/16 TO 10/29/16 – Totaling $39,714.65

General Part Town Payroll 10/01/16 TO 10/29/16 Totaling: $645.90

Highway Payroll TW 10/01/16 TO 10/29/16 Totaling: $6,853.18

Highway Payroll PT 10/01/16 TO 10/29/16 Totaling: $0

Councilman Clark motioned to approve Abstract 11, seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye. 4 ayes, 0 nays. MOTION CARRIED.

NEXT TOWN BOARD MTG DECEMBER 13, 2016 AT 7:00 PM (7:30 pm June thru Sept).

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk