This Regular Meeting of the Brant Town Board was held on Tuesday, February 14, 2017 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Present were:

Chad Kaczmarek                Councilman/Deputy Supervisor

Donald Clark                      Councilman

Mark DeCarlo                     Councilman

Michael Muffoletto             Councilman

Barbara J. Daniel               Town Clerk, Recording Secretary

William J Trask, Sr.           Town Attorney

Absent:

Leonard K. Pero                                Supervisor

ALSO PRESENT / SIGNED IN WERE:

Brian Rott                            resident

Debra Ritz                           resident

Stefan I. Mychajliw            Erie County Comptroller

Janice Ross                         Planning Board member

Joseph DeCarlo                  Assessor

Donna Marien                    resident

Lynda Ostrowski               Secretary to the Boards

Joseph Ostrowski              Planning Board chairman

Joyce Ellis                          resident

Patty Friend                       Town Historian

Janet Bowman                         Assessor’s clerk

Allen Nolan                              Building Superintendant
 

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

MINUTE APPROVAL JANUARY 3, 2017 ANNUAL ORGANIZATION MEETING:     Councilman Clark motioned to accept the minutes the January 3^rd Organizational Town Board meeting.  Councilman Muffoletto seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.
 

MINUTE APPROVAL JANUARY 10, 2017 REGULAR TOWN BOARD MEETING:     Councilman Muffoletto motioned to accept the minutes the January 10th Regular Town Board meeting.  Councilman DeCarlo seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.
 

BUDGET MODIFICATIONS:  The Budget modification was read by Councilmen/Deputy Supervisor Kaczmarek and Councilman Clark.

Councilman Clark moved and was seconded by Councilman Muffoletto to accept the Budget Modification as presented.   A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye.   4 ayes, 0 nays. MOTION CARRIED.

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

TOWN CLERK’S/TAX COLLECTOR’S DECEMBER FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s December 2016 Regular Financial Report, seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S DECEMBER 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS:

Councilman Clark motioned to approve both the bail and regular financial reports of Justices Borngraber and Gier, seconded by Councilman DeCarlo. 4 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: The Code Enforcement Officer Gary Brecker presented his January 2017 report.  He advised the Town Board that New York State has now approved “Tiny houses” as dwellings (minimum 120 Sq. Ft).  He further advised the Board that Brant’s code requires a minimum of 920 Square Feet for a dwelling.  Town Attorney Trask suggested referring the new Tiny House legislation to the Planning Board for review and recommendations.  He also added that if a person is denied a permit for a tiny house, they have the option to apply for a variance.  Councilman DeCarlo made the motion to approve the report as read by the Code Enforcement Officer.  He was seconded by Councilman Clark.  4 ayes, 0 nays. MOTION CARRIED.

Tiny House legislation review by Planning Board: Councilman DeCarlo motioned to request the Planning Board to review the NYS Legislation regarding “Tiny Houses”.  Councilman Clark seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S DECEMBER 2016 AND JANUARY 2017 REPORTS:  Discussion about the installation of a canopy over the kennel runs.  Allen Nolan recommends the use of metal roofing.  Quotes from licensed contractors will be sought before next meeting.  Dog Control officer is also seeking to conduct a Dog Census in June.  The census will be funded by the fees imposed on those found with unlicensed dogs.  The census will be conducted by multiple persons in order to complete the census in one summer.  Councilman DeCarlo motioned to approve December 2016 and January 2017 Dog Control Officer’s reports, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

BREAK FOR DISCUSSION BY ERIE COUNTY COMPTROLLER STEFAN MYCHAJLIW: At this time, the Town Board acknowledged the Erie County Comptroller, Stefan Mychajliw.  The Comptroller addressed the Board, and those present with an update on the Counties annual budget.  He noted recent low sales tax figures and acknowledged their disastrous affect on the county.  He then brought to light a request of ECMC to the County to borrow $200 million for a new emergency room for the Erie County Medical Center.  He informed the Town Board that the bond rating is lower than any hospital.  He noted that ECMC has also offered a “kick the can” scheme.  The offer would give Erie County a credit for 3 years on the difference in the interest payments which would allow the County to “kick the can” on all of its bill payments for three years.  He reiterated his adamant opposition, and wants the County to pay its obligations to ECMC and never “kick the can” on future obligations to ECMC.  He added that in the event ECMC is unable to repay the loan, the County would be left with the bill.  Lastly, he also noted that ECMC has offered to allow a 30 year agreement to allow repayment of bills owed by those under Obama care that are unable to pay their bills. Stefan responded that Obama Care may not last 30 days, let alone 30 years.  Therefore he is adamantly opposed to this offer also.

POLICE REPORT JANUARY 2017: The January 2017 police report was read by Councilman DeCarlo.    Councilman Muffoletto motioned to approve the report as read and was seconded by Councilman DeCarlo.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR JANUARY 2017: The Town Clerk’s monthly activity report for January was read by Clerk Daniel.  The Town Clerk notified the Board that Deputy Clerk Karen Speers resigned from her position on Monday February 9.  The Town Clerk requests the temporary appointment of Janice Ross for the duration of tax collection.  It was requested that the Board approve Ms. Ross for Saturday hours during tax collection due to her remaining Deputy Clerk Angela began working Monday through Wednesday for the Supervisor, and therefore wishes to have Saturdays off.  The Board noted they were unaware that Supervisor Pero had Angela working in his office.  Since this was a personnel issue, the Board stated they will hold an executive session at the end of the meeting.

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

PLANNING BOARD REPORT:  Board secretary Lynda Ostrowski presented the February 7^th, 2017 Planning Board report. The next Planning Board meeting will be held March 7^th at 7 PM.  Attorney Trask advised the Planning Board to extend an invitation to the Town Board to attend the March 7^th meeting to review and discuss the solar law being drafted.  Secretary Ostrowski will email reminders to the Board members to attend the March 7^th meeting.  The Southtowns planning meeting will be April 24.  Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Muffoletto.  4 ayes, 0 nays.  MOTION CARRIED.

ZONING BOARD REPORT:  No meeting held. 

RECREATION DIRECTOR’S REPORT:  No report presented.

PARKS COMMISSIONER’S REPORT:  No report presented. 

TOWN HISTORIAN REPORT: The Town Historian report for January was read by Historian Patty Friend.  The historical society is currently working in the planning of the Brantfest and the approaching 125^th Anniversary of Farnham.  Councilman C lark motioned to accept the report as read, and was seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

FIRE DEPARTMENT REPORTS:  Councilman Clark spoke of the two very nice Firemen Installation dinners attended by the Councilmen and Town Clerk.  He commended the dedication shown by members of the both Fire Departments, and he acknowledged George Cordia for attending 245 calls. 

SENIOR’S REPORT:  The Senior’s report for their February 1st meeting was presented by Secretary Lynda Ostrowski.  Her report mentioned a few upcoming Town and Village events for this year.  The Village is celebrating its 125^th anniversary this year.  There will be a fifties street dance held at the Village fire hall on July 22^nd.  The Veteran’s Park in the Village will be the location for a (Sept 2^nd & 3^rd) Labor Day weekend celebration of food and music.    The mobile library will be at the Brant Town Hall every first and third Thursday of the month.  The Brant Summer Festival date has now changed to June 9, 10 & 11. The Monday Night Free Summer concerts will be held at the Farnham Veteran’s Memorial Park on the following Mondays: July 10, 17, 24, and 31^st, and August 7^th. Councilman Clark motioned to accept the report as read, and was seconded by Councilman DeCarlo.  4 ayes, 0 nays.  MOTION CARRIED.

OLD BUSINESS:

CDBG GRANT TO RURAL TRANSIT: Councilman/Deputy Supervisor Kaczmarek read the amount which was awarded to Rural Transit for the services they render.  The amount to be awarded in 2017 will be $267,471.

RESULT OF 2017 CDBG GRANT APPLICATION (TOWN OF BRANT): The application submitted for the Community Block Grant contained a request for the $26,600 to fund an update of the Town’s current Master Plan.  A letter was read by Councilman/Deputy Supervisor Kaczmarek notified the Town that the application was not approved.

NEW BUSINESS:

CORRECTION TO 2017 HOLIDAYS OBSERVED: Councilman/Deputy Supervisor Kaczmarek acknowledged an error made at the 2017 Organizational meeting where December 25 & 26^th and January 1^st & 2^nd were listed as paid holidays for the office clerical staff.  The correct dates are December 25^th and January 1^st, 2018 only.  Councilman DeCarlo motioned to approve the date correction and Councilman Muffoletto seconded the motion.  4 ayes, 0 nays.  MOTION CARRIED.

BESTWAY DISPOSAL PRICE OF RECYCLING: A letter dated February 3^rd was received from Bestway Disposal was read by Councilman DeCarlo.  The letter advised the Town of an increase in the cost of recycling being charged to them as tipping fees for single stream recycling starting January 1^st, 2017.  The letter advised that the increase would be passed on to the Town.  The price increased from $10.00 per ton to $15.00 per ton.  The Town Attorney will review the contract to see if this increase would be permitted.

REPORTS OF COMMITTEES:

Brantfest committee has been working on the planning of the 2017 event.  The new dates for the event will be June 9, 10 & 11, 2017.  The vendors are all set.  Elvis impersonator Terry Buchwald will perform on one the evenings, followed by fireworks and a DJ.

TOWN BOARD REPORTS:

            Councilman Kaczmarek: Nothing to report

            Councilman Clark: Nothing to report

            Councilman DeCarlo: Nothing to report

            Councilman Muffoletto: Suggested Town employees not respond to negative Facebook posts.

            Supervisor Pero:        Absent

PRIVILEGE OF THE FLOOR:  Resident Donna Marien of Brant Farnham Rd, residing on Brant Farnham Rd, expressed her concerns about the Highway Superintendent's not attending Town Board meetings and recent accidents involving Highway Department vehicles.

CORRESPONDENCE:

LETTER FROM CHIEF DONALD HEPKINS: Councilman/Deputy Supervisor Kaczmarek read a letter from Police Chief Donald Hepkins notifying the Town Board that he will out of the office from February 4 through February 25^th.  He advised that Lieutenant Slawek would be conducting the day to day business in his absence.

LETTER FROM CHARTER COMMUNICATIONS: The Letter notified the Town of Brant of new programming for Cable.

Councilman/Deputy Supervisor Kaczmarek  read the following Abstract 15 of 2016 and 2 of 2017:

Abstract 15 of 2016

*Prepaid and unpaid as of 2/14/17 Total Claims $13,427.18

Gen Fund Town wide Vouchers Totaling: $157.68

Gen Fund – Part Town Voucher Totaling: $7,617.50

Fire Protection:  Vouchers:  Totaling: (SF) $5,652.00

Abstract 2 of 2017           

*Prepaid and unpaid as of 2/14/17 Total Claims $63,718.28

Gen Fund Town wide Vouchers Totaling: $35,640.30

Gen Fund – Part Town Voucher Totaling: $9,943.77

Highway T.W. Vouchers Totaling: $15,276.31

Highway P.T. Vouchers, Totaling:  $26.02

Fire Protection:  Vouchers:  Totaling: (SF)

Street Lighting:  Voucher Totaling:  $2,831.88

H Capital Projects:  Vouchers none, Totaling: $0

Lotus Bay Sewer Dist. 1:  Vouchers:  $0

Brant Farnham Sewer Dist:  Vouchers:  Totaling: $

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

CD Special Grant Fund:  unpd:  None, Totaling: $0

PAYROLL (2 payrolls):

General Town Wide Payroll 12/25/16 to 1/21/17 – Totaling $40,937.28

General Part Town Payroll   12/25/16 to 1/21/17 Totaling:  $665.28

Highway Payroll TW 12/25/16 to 1/21/17 Totaling:  $9,761.48

Highway Payroll PT 12/25/16 to 1/21/17 Totaling:  $0

Councilman Clark motioned to approve Abstract 15 of 2016 and Abstract 2 of 2017, seconded by Councilman DeCarlo.  A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo, Councilman/Deputy Supervisor Kaczmarek-aye, Councilman Muffoletto-aye.  4 ayes, 0 nays.  MOTION CARRIED.

NEXT TOWN BOARD MTG MARCH 14, 2017 AT 7:00 PM (7:30 pm June thru Sept). 

At 8:22 PM, Councilman/Deputy Supervisor Kaczmarek motioned to hold a moment of silence in memory of Charlie Allessi who recently passed away.   Following the moment of silence, Councilman/Deputy Supervisor Kaczmarek motioned to enter executive session for personnel reasons.  He announced that no further business will be conducted following the executive session.  

At 10:00 pm, Councilman/Deputy Supervisor Kaczmarek motioned to close the executive session and adjourn the meeting.  Councilman DeCarlo seconded the motion.  4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk