This Regular Meeting of the Brant Town Board was held on Tuesday, March 21, 2017 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Present were:

Leonard Pero Supervisor

Chad Kaczmarek Councilman

Donald Clark Councilman

Barbara J. Daniel Town Clerk, Recording Secretary

William J Trask, Sr. Town Attorney

Absent:

Mark DeCarlo Councilman

Michael Muffoletto Councilman

ALSO PRESENT / SIGNED IN WERE:

Brian Rott resident

Debra Ritz resident

Janice Ross Planning Board & BOAR member

Lynda Ostrowski Secretary to the Boards

Donna Marien resident

Janet Bowman Assessor’s clerk

Allen Nolan Building Superintendant
 

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

At 7:02 PM, Supervisor Pero motioned to enter executive session for Contract and Personnel issues. Councilman Clark seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.

At 7:37 PM, Supervisor Pero motioned to close executive session, and was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

MINUTE APPROVAL FEBRUARY 14, 2017 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the February 14 Regular Town Board meeting. Councilman Clark seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
 

BUDGET MODIFICATION: No Budget modification was presented.

TOWN CLERK’S/TAX COLLECTOR’S JANUARY 2017 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s January 2017 Regular Financial Report, seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S January 2017 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek motioned to approve both the bail and regular financial reports of Justices Borngraber and Gier, seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: The Code Enforcement Officer Gary Brecker presented his February 2017 report. He told the Board he was notified that the Town must prove they have a Flood Plain Administrator and asked the Board to act on it tonight. Attorney Trask responded that it is not necessary to act on it tonight. Supervisor Pero made the motion to approve the report as read by the Code Enforcement Officer. He was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S FEBRUARY 2017 REPORT: Dog Control Officer [resented her report to the Board. Supervisor Pero then presented the reports from Ag & Markets he recently received. The dog kennel and paperwork has been inspected and found satisfactory. Councilman Clark motioned to approve February 2017 Dog Control Officer’s reports, seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR FEBRUARY 2017: The Town Clerk’s monthly activity report for February was read by Clerk Daniel. The Town Clerk requested the Board to consider allowing her office to sell E-Z Pass. There would be a one-time cost to pre-purchase 25 passes but when they are sold, the money would be refunded. The Board decided not to act on the request at this meeting, but will review the offer.

Councilman Clark then motioned to approve the Town Clerk’s report as presented, and was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Board secretary Lynda Ostrowski presented the March 7^th, 2017 Planning Board report. Attorney Trask expressed concern about the Planning Board’s suggestion to wave site reviews of solar installations for private systems. It was suggested that the Town Board reviews the planning board’s suggestions to be prepared to call for a May public hearing at the April meeting. Councilman Clark motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: No meeting held.

RECREATION DIRECTOR’S REPORT: No report presented.

PARKS COMMISSIONER’S REPORT: No formal report was presented but Councilman Clark asked the Park’s Commissioner Allen Nolan how the Ball Diamond was looking. Nolan responded that he was working on it.

TOWN HISTORIAN REPORT: The Town Historian report for February was read by Supervisor Pero. There was a question on the report about asking the Board’s approval to place signs on the right of way for Angola Library. The Historian was unavailable to explain so the question was tabled. Councilman Kaczmarek motioned to accept the report as read, and was seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: No reports presented.

SENIOR’S REPORT: The Senior’s report for their March 1st meeting was presented by Secretary Lynda Ostrowski. Supervisor Pero motioned to accept the report as read, and was seconded by Councilman Kaczamarek. 3 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS:

JUSTICE AUDIT: Supervisor Pero acknowledged the results of the Court audit. Attorney Trask advised the Board that they, as a Board were responsible for conducting the audt, therefore, he advised them to thoroughly review the audit results because once they approve the Ostrowski audit, it becomes the Town Board’s audit.

Justice Gier, who was present, addressed the Board. He advised the Board of the sheer volume being handled by the Court clerk’s which he stated explained why they are 70 to 100 days behind on suspensions. They are about to undergo an efficiency audit and are seeking to add more temporary help. The Court clerk’s will be attending more training on the handling of DWI. He noted that the Town Attorney is looking into the Civil Service rules for adding more help. He informed the Board that the Court Office received an $11,000 grant for filing cabinets and other items. Gier thanked Allen Nolan for modifying the Court office wall.

Justice Gier then asked the Town Board to approve an increase in the petty cash held by the clerk’s from $100.00 each clerk, to $200.00 each clerk. Supervisor Pero motioned to approve the increase, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. MOTION CARRIED.

NEW BUSINESS:

RATIFICATION OF REFUSE CONTRACT WITH BESTWAY DISPOSAL: No action taken. The Board tabled this item until the April meeting.

EXTENSION OF 1995 WATER CONTRACT WITH FARNHAM: Supervisor Pero motioned to extend the 1995 water contract the Village of Farnham according to the same terms, but retroactive to 2016, and set to expire December 31, 2019. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.

DELTA DENTAL: Supervisor Pero read the correspondence from Delta Dental which will show no increase in the current rate. Pero noted that a vote is required to continue the agreement. Supervisor Pero motioned to approve the current Delta Dental plan, seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 3 ayes, 0 nays. MOTION CARRIED.

AUTHORIZE REFUND OF HEALTH INSURANCE OVER PAYMENTS BY MARION KIJEK: Supervisor Pero advised the Town Board that Highway Deputy Superintendent Marion Kijek has been over paying his health insurance. He noted that he is due a $3,780.00 refund. He asked the Town Board approval to make the refund as a pre-pay. Supervisor Pero motioned to allow the refund, seconded by Councilman Kaczmarek. A roll call vote was taken: Supervisor Pero-aye, Councilman Kacamarek-aye, Councilman Clark-aye. 3 ayes, 0 nays. MOTION CARRIED.

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 weekend before Father’s day. A child parade was added to the event. The vendors are all set. Supervisor Pero was asked to the Chairman of the Committee. Supervisor Pero accepted the position.

TOWN BOARD REPORTS:

Councilman Kaczmarek: Nothing to report

Councilman Clark: Nothing to report

Councilman DeCarlo: Absent

Councilman Muffoletto: Absent.

Supervisor Pero: Discussion on the loss of the IP address for the hand stamp at the highway

garage due to power outage. Supervisor Pero then asked the Board to approve the addition of

an adapter that would allow the recreation department to use the hand stamp. The cost

quoted for the adapter is $459.00. Supervisor Pero then motioned to upgrade the clock

system from Computer Search at a cost of $459.00 including adapter and installation.

It will allow recreation staff to sign in. Councilman Clark seconded the motion. A roll call vote

was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kacamarek-aye. 3 ayes, 0

nays. MOTION CARRIED.

Supervisor Pero spoke with Meierhoffer of Charter Communications (Formerly Time Warner)

about expanding cable in Brant. He will have more information at the April meeting.

Update on the Solar Liberty project: National Grid does not want to participate in the Solar

project on Hardpan because of the proximity of the power lines, which they feel are in the way.

Supervisor Pero then advised the Board that he was asked by the Evans Brant Chamber of Commerce to create several Proclamations to be presented at the upcoming Awards dinner. He read the proclamations as follows:

2016 Citizen of the Year award:

WHEREAS, Karen Erickson, has dedicated her life to loyal service to our communities.

WHEREAS, she is the co-owner of Connors Hot Dog stand a symbol of success for

74 years and a wealth of memories for many.

WHEREAS, she was sports director at MPB school for 25 years.

WHEREAS, she was past treasurer of the community nursery school of the first Congregational United church of Evans.

WHEREAS, she also served on the boards of Community Concern, Buffalo Diocesan & Saint Francis School Boards.

WHEREAS, Karen also was a member of the Evans Town Board from 1998-2010 serving as a Councilwomen & Deputy Supervisor.

WHEREAS, she is currently the vice chairman of the Evans Democratic Committee & secretary of the board on the Business & Finance Academy at Lake Shore Central.

WHEREAS, Karen has volunteered the past 15 years for Meals on Wheels and is a member of the Evans Economic Development Committee for the past 10 years.

WHEREAS, Karen through her bighearted & generous contributions to the various youth organizations such as Youth Baseball, Soccer & the Boys & Girls club has showed her unparallel love of our communities and the commitment to our Youth.

NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and

SUPERVISOR PERO wishes to honor KAREN ERICKSON as the recipient of the Evans Brant Chamber of Commerce 2016 Citizen of the Year Award.

Supervisor Pero motioned to approve the proclamation for Citizen of the Year as read, seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

2016 Life Time Achievement Award:

WHEREAS, Ernie Masullo, dedicated 40 years to public service with the Evans Police Department as a patrolman and recently retired as the Evans Police Chief.

WHEREAS, He also served his community as a volunteer Fireman & EMT with the Angola Fire Department from 1973-80.

WHEREAS, He has volunteered many hours to help the senior citizens and the disabled of our communities and given much assistance to Animal Rescue Organizations.

2147483647. His love of children has led him to volunteer his time to help promote programs such as baseball, football & wrestling for the youth even with his busy schedule.

WHEREAS, He also served on the Lake Shore School board from 1992-1997

WHEREAS, Ernie’s Motto is service to his community is the # 1 goal.

NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and

SUPERVISOR PERO wishes to honor ERNIE MASULLO as the recipient of the Evans Brant Chamber of Commerce 2016 Lifetime Achievement Award.

Supervisor Pero motioned to approve the proclamation for 2016 Life Time Achievement Award as read, seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.

2016 Large Business of the Year Award:

WHEREAS, Richie Alberts owner and operator of Mickey Rats/Captain Kidds has been a very successful business that has brought enjoyment to our region for over 48 years.

2147483647. He has created entertainment and a lifetime of memories for residents in our community, as well as those throughout Western New York.

WHEREAS, He has contributed to many of the benefits and fundraisers over the years and has played a great part in promoting our community throughout WNY and beyond.

NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and

SUPERVISOR PERO wishes to honor Richie Alberts, owner and operator of Mickey Rats/Captain Kidds as the recipient of the Evans Brant Chamber of Commerce 2016 Large Business of the Year Award.

Councilman Kaczmarek motioned to approve the proclamation for 2016 Large Business of the Year Award as read, seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.

2016 Small Business of the Year Award:

WHEREAS, Fredrick Manguso and his wife Lucy purchased the company in 1987 as a family owned and run business, with his daughter Tracy joining the company in 2003.

WHEREAS, The Manguso family worked together to build an outstanding business from a 3 people business to now employing 12 people.

WHEREAS, Manguso Land surveying through their hard work ethics and dedication have expanded not only to Erie County, but to Cattaraugus, Chautauqua, Niagara, Allegany, Orleans & Monroe Counties.

WHEREAS, The Manguso family has been extremely involved in our community programs, fundraisers, neighborhood improvements and helping the youth organizations in our community.

NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and

SUPERVISOR PERO wishes to honor The Manguso family, owners of Manguso Land Surveying as the recipient of the Evans Brant Chamber of Commerce 2016 Small Business of the Year Award.

Supervisor Pero motioned to approve the proclamation for 2016 Small Business of the Year Award as read, seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.

2016 Not for Profit of the Year Award

WHEREAS, Lake Shore Memorial Fund is a nonprofit organization working within the Town of Evans.

WHEREAS, Formed in 2008 by Lake Shore Central Alumni, their vision is “Through kindness and generosity of spirit, positive changes can be made.

WHEREAS, through donations and fund raisers, programs such as “Adopt a Family” and “Random Acts of Kindness” can take place.

WHEREAS, This past year Lake Shore Memorial Fund was able to purchase for 43 kids at Christmas time, clothes and toys from their lists.

NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and

SUPERVISOR PERO wishes to honor Lake Shore Memorial Fund as the recipient of the Evans Brant Chamber of Commerce 2016 Not For Profit of the Year Award.

Councilman Kaczmarek motioned to approve the proclamation for 2016 Not for Profit of the Year Award as read, seconded by Supervisor Pero. 3 ayes, 0 nays. MOTION CARRIED.

2016 Emerging Business of the Year Award:

WHEREAS, Carla Marrazzo opened the agencies doors in October 2015.

WHEREAS, The Agency provides our communities with Auto, Home, Life, Health and Commercial Insurance Products with a full line of Bank products.

WHEREAS, Since 2015 the agency has grown to be one of the Top 5 State Farm Agencies in Southern WNY in 2016.

NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and SUPERVISOR PERO wishes to honor Carla Marrazzo State Farm Insurance as the recipient of the Evans Brant Chamber of Commerce 2016 Emerging Business of the Year Award.

Supervisor Pero motioned to approve the proclamation for 2016 Emerging Business of the Year Award as read, seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.

Resident Debra Ritz clarified the name of the owner of Manguso Land Surveying, which the Supervisor had pronounced Mancuso during his reading of the Proclamation. She also noted that the grandfather , Fred Manguso, was a past Supervisor of the Town of Brant.

Janice Ross was asked to create a report from whatever she receives from the Highway each month.

Attorney Trask stated the Highway Superintendent is required to provide the Board with an annual inventory by September 30^th each year to give the Town the estimated value of the machinery, tools and equipment. Janice Ross stated she has a list of the equipment. Attorney Trask advised the liaison to the highway to work with the Highway Superintendant and the Highway clerk to create an inventory and report.

CORRESPONDENCE:

SALES TAX: The Sales Tax payment is 7.16% up from the 2016 corresponding payment and up 3.01% YTD

NATIONAL BOOKMOBILE DAY EVENT: The Book Mobile is holding an event in Downtown on April 12, 2017. All are welcome.

SMART WATT: Letter from Maggie Mauer of “Smart Watt” advising the Town to buy back the Town’s street lighting according to Article 9 of NYS legislation. If the Town buys back the street lighting, the Town would experience a savings. Supervisor Pero will look into the offer. Smart Watt is a company who assists Towns to purchase back the Poles.

Supervisor Pero read the following Abstract 3 of 2017:

Abstract 3 of 2017

*Prepaid and unpaid as of 3/21/17 Total Claims $103,195.18

Gen Fund Town wide Vouchers Totaling: $72,844.61

Gen Fund – Part Town Voucher Totaling: $8,847.84

Highway T.W. Vouchers Totaling: $17,486.98

Highway P.T. Vouchers, Totaling: $1,105.19

Fire Protection: Vouchers: Totaling: 0

Street Lighting: Voucher Totaling: $2,475.56

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 $435.00

Special Grant Fund: unpd: None, Totaling: $

PAYROLL (3 payrolls):

General Town Wide Payroll 1/22/17 to 3/4/17 – Totaling $82,362.80

General Part Town Payroll 1/22/17 to 3/4/17 Totaling: $997.92

Highway Payroll TW 1/22/17 to 3/4/17 Totaling: $13,489.84

Highway Payroll PT 1/22/17 to 3/4/17 Totaling: $0

Councilman Kaczmarek motioned to approve Abstract 3 of 2017, seconded by Councilman Clark. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARRIED.

NEXT TOWN BOARD MTG APRIL 11, 2017 AT 7:00 PM (7:30 pm June thru Sept).

At 8:51 PM, the entire Town Board motioned to adjourn the meeting with a moment of silence in memory of Rose Berns, David Berns aunt. The Board held a moment of silence and then the entire Board seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk