This Regular Meeting of the Brant Town Board was held on Tuesday, May 9, 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

Michael Muffoletto Councilman

Mark DeCarlo Councilman

Barbara J. Daniel Town Clerk, Recording Secretary

William J Trask, Sr. Town Attorney

Absent:

Donald Clark Councilman

ALSO PRESENT / SIGNED IN WERE:

Brian Rott resident

Debra Ritz resident

Patricia Friend Town Historian

Janice Ross Planning Board/BOAR member/Hwy. Secretary

Lynda Ostrowski Secretary to the Boards

Joe Ostrowski Planning Board Chairman

Donna Marien resident

Janet Bowman Assessor’s clerk

Ronald Kobel resident

Kim Peck Field Rep for Senator Chris Jacobs

Alexis Addison Pool lifeguard

Angela Joy Deputy Town Clerk, Supervisor Secretary, Planning Board member

Mark Trask Deputy Town Clerk

Frank Broughton ZBA Chairman

Donald Hepkins Chief of Police

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

MINUTE APPROVAL APRIL 11, 2017 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the April 11^th Regular Town Board meeting. Councilman Muffoletto seconded the motion. . 4 ayes, 0 nays. MOTION CARRIED.
 

BUDGET MODIFICATION: Budget modification #1 of 2017 was read by Supervisor Pero as follows:

Councilman Muffoletto motioned to approve the budget modification as presented, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Muffoletto-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S/TAX COLLECTOR’S MARCH 2017 FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s March 2017 Regular Financial Report, seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S MARCH 2017 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Supervisor Pero motioned to approve both the bail and regular financial reports of Justices Borngraber and Gier, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER APPOINTMENT AS FLOOD PLAIN ADMINISTRATOR: Code Officer Gary Brecker asked the Town Board if they had given any thought as to who should be appointed as the Town’s Flood Plain Administrator. Supervisor Pero noted that since CEO Brecker has been filling that position for years, and has the training, he should be officially appointed to that position. Supervisor Pero motion to appoint Code Officer Gary Brecker as the Town’s official Flood Plain Administrator. Councilman Muffoletto seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S MARCH AND APRIL REPORT: CEO Gary Brecker presented his reports for March and April. Supervisor Pero motioned to accept the report as read, seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S APRIL 2017 REPORT & DOG CENSUS: Dog Control Officer presented her report to the Board. The DCO advised the Board that a formal approval from the Board would be necessary for the DCO to post a notice advising of the upcoming dog census, and to advertize for census takers. She reminded the Board that the census would pay for itself through fees imposed on dogs found unlicensed. Supervisor Pero motioned to approve advertizing the upcoming census, and to seek census takers. Councilman Muffoletto seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

The DCO then presented her April Dog report. Councilman Kaczmarek motioned to accept the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT APRIL 2017: The April 2017 police report was presented by Police Chief Donald Hepkins. Councilman Kaczmarek motioned to accept the report as read, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

Chief Donald Hepkins then presented a letter from Patty Weismore. Ms. Weismore submitted her resignation for medical reasons. Councilman Muffoletto motioned to accept the letter of resignation, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S REPORT: Councilman DeCarlo presented the Highway Department’s April monthly report. Discussion regarding the mileage of one truck vs. another on the report. Possible typo. Councilman DeCarlo motioned to accept the report as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

NEW HIRE: The Highway Superintendent also requested the permission to hire part-time laborer Tyler Hamilton at the current rate. Councilman Kaczmarek motioned to approve the new hire, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR APRIL 2017: The Town Clerk’s monthly activity report for April was read by Clerk Daniel. Within the report, the clerk requested permission to dispose of two old computer monitors via the town’s electronic drop off. She also requested the Town Board please provide an official vote on the resolution being presented that would change the Town and County tax bill due date from March 15 to February 15, in exchange for lower penalty rates. Councilman Muffoletto motioned to approve the report as read, and was seconded by Councilman DeCarlo. 4 ayes, o nays. MOTION CARRIED.

Verbal Permission was given to dispose of the two old monitors. No vote was taken.

THE RESOLUTION TO LOWER PENALTY RATES IMPOSED ON TOWN & COUNTY TAXES BY CHANGING THEIR DUE DATE FROM MARCH 15 TO FEBRUARY 15 IS AVAILABLE BY CLICKING ON THE “PDF" VERSION OF THESE MINUTES AT THE TOP OF THIS PAGE.  

Discussion regarding the proposed change in due date began. Supervisor Pero reiterated his concern regarding the earlier due date and the hardship it will cause those on limited income. Supervisor Pero then asked for a motion to deny the request for a supporting resolution. Councilman Muffoletto made the motion, and was seconded by Councilman Kaczmarek.
4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski presented the May report. She noted the next meeting will be held Wednesday July 5^th, delayed one day due to the holiday on the 4^th. Supervisor Pero then 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: Discussion began regarding the correct date to begin the summer recreation program. It was brought up that the Recreation Director and Building Superintendent had decided on July 3^rd as the first day of recreation. The Town Board stated objections to beginning the day before the holiday, stating most people are on vacation. After much discussion, Councilman Muffoletto motioned to declare Wednesday July 5^th as the opening day for the summer recreation program. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

It was noted that the summer recreation program will run Wednesday July 5^th to Friday August 11.

PARKS COMMISSIONER’S REPORT: No report presented.

FIRE DEPARTMENT REPORTS: No reports presented.

SENIOR’S REPORT: The Senior’s report for their May 4th meeting was presented by Secretary Lynda Ostrowski. Councilman DeCarlo motioned to accept the report as read, and was seconded by Councilman Muffoletto.

4 ayes, 0 nays. MOTION CARRIED.

LEARN TO SWIM PROGRAM: Supervisor Pero acknowledged a request from Alexis Addison to speak regarding a proposal for the Town of Brant to host a five week “Learn to Swim” summer program this summer. The program would be for children ages 5 through 12. The charge would be $75 per child, which is broken down to $5.00 per lesson with 15 sessions. The goal would be to recruit 15 families to participate in the lessons. The suggestion was to allow the pool to close an hour earlier for the public on Monday, Wednesdays and Fridays from 6 pm to 7 pm to allow the lifeguards already on duty to assist in the swimming lessons. The requirement would be one lifeguard per every 10 children. Advertising the program should be aimed at schools and to the parents of the families that participate in the rec program since there are a lot of children in the program that do not use the pool because they don’t know how to swim. Supervisor Pero asked if the fees charged would offset the expense of the program. It was noted that the fees would go to the Town. Councilman Muffoletto asked the Town Attorney if there was a conflict with the program. The Attorney answered that if the lifeguard is an employee of the Town, and the program will be held at a Town Facility, we should be covered under the liability insurance we already have. The Town would have to check with Evans Agency to ensure coverage would include nonresidents that may participate in the program. Attorney Trask advised that the Recreation Director be made aware of the program. Supervisor Pero then motioned to approve the Learn to Swim program to start the week of the 10^th of July, with approval from the Recreation Director Vince Fininzio. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero acknowledged Senator Chris Jacobs representative Kim Peck.

OLD BUSINESS:

BLUE CROSS/BLUE SHIELD: The board discussed a new plan (Gold Plus POS710EX for a single) which costs $503.28 or $1,003.43 for employee and spouse. They discussed also allowing them to keep their current plan which is the Platinum HMO110 at $553.46 for a single and $1,106.42 for employee and spouse. Employees can choose from either plan. Supervisor Pero motioned to approve the two plans, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, 4 ayes, 0 nays. MOTION CARRIED.

REPAIRS TO LAWNS AND LEAN TO: The Board acknowledged that Building Superintendent Allen Nolan has a top priority to repair the gym drainage and repairs to a gutter on the Community Building and two pavillions. When these items are complete, he will be assigned to repair the lawn damage done to Pat Militello’s property on Perry Street. He will also be directed to make repairs to the Town’s lean to at the highway garage.

RECREATION BUSES & BUS DRIVERS: A letter was sent to Paria Odie at Lake Shore School to use their two buses from July 5^th to August 12th, 2017. Supervisor Pero motioned to hire Debra Berkemeier, Linda Bantle and Rachel Cornell as bus drivers. Councilman Muffoletto seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

SPEED LIMIT REDUCTION ON MILESTRIP ROAD: Supervisor Pero advised that the speed reduction requested for Milestrip Road was approved. The speed limit from the Reservation line to Route 62 will now be 45 MPH.

NEW BUSINESS:

MEMORIAL DAY – FLAGS, WREATH’S AND NEW POLES: Joe Giambrone will be replacing some of the tattered flags. Father Kadryna from Our Lady Parish in Brant will donate the flags used to honor each branch of the military. The service will be held at the Memorial Park on Monday May 29 from 9 am.

USDA RECENT REQUEST:

LEP PLAN (Limited English Proficiency Plan): Supervisor Pero explained that USDA Rural Development requires the Town to provide a plan that will assist residents with limited English speaking skills. The plan must show how the Town will assist those that speak no English, or speak it less than very well.  Supervisor Pero read the plan that he had created and submitted to USDA:

Councilman DeCarlo motioned to approve the LEP Plan as presented by the Supervisor and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

WATER CONNECTIONS IN DISTRICT ONE: Supervisor Pero stated USDA requested the number of connections to the water in Brant District one. Ellsworth Nolan provided the information.

SEWER: He explained to USDA that the sewer is now cared for by Erie County.

STANDARD WORKDAY RESOLUTIONS: Supervisor Pero advised the Town Board that a “Standard Work Day and Reporting Resolution for Elected and Appointed Officials” must be adopted and sent to NYS Retirement. He presented the following:

Elected Officials:

• Town Supervisor, Standard work Day 8 hours, Leonard K. Pero, Current term 1/1/14 to 12/31/17 16.06 ROA results

• Town Clerk, Standard work day 8 hours, Barbara J Daniel, current term 1/1/16 to 12/31/19, 31.17 ROA results

• Town Councilman, Standard work day 6 hours, Donald Clark, current term 1/1/16 to 12/31/19, 3.67 ROA results

Appointed Officials:

• Town Attorney, Standard work day 6 hours, William J. Trask, current term 1/1/17 to 12/31/18, 8.52 ROA results

• Town Prosecutor, Standard work day 6 hours, John C. Grennell, current term 1/1/17 to 12/31/17, 3.24 ROA results

Councilman Kaczmarek motioned to adopt the Standard Work Day resolution for elected officials as presented. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero presented the Standard Work Days for the following positions:

• Town Clerk 8 hours

• Town Supervisor 8 hours

• Court Clerk 6 hours

• Secretary 6 hours

• Town Attorney 6 hours

• Town Prosecutor 6 hours

• Town Councilman 6 hours

Councilman Kaczmarek motioned to adopt the Standard Work Day resolution for appointed officials as presented. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

TOWN HISTORIAN REPORT: Town Historian report for April was presented by Patty Friend. Councilman Muffoletto motioned to accept the report as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero asked Senator Jacob’s respresentative if she had anything to present. She stated she did not.

DISPATCH SERVICES AGREEMENT: Councilmen Muffoletto and Kaczmarek had a meeting with Supervisor Hosler of Evans regarding proposed contracted amounts for 2017 through 2019. The annual amounts will be as follows: $5,000 for 2017, $6,000 for 2018, and $6,000 for 2019. Councilman Muffoletto also stated that the contract would contain a yearly renewal clause which will state that if Evans does not request an increase or negotiation by September 1 of each year, starting in 2019, the price shall remain at $6,000. for the following year. Councilman Kaczmarek motioned to approve the three year contract with the Town of Evans, and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

At 8:00 PM, Supervisor Pero announced it was time to open the public hearing. He instructed the Town Clerk to read the Public Notice:

The Town Clerk read the 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 9^th day of May, 2017 at 8:00 P.M. Local Time, for the purpose of considering Proposed Local Law No.2-2017 which, if approved, would amend the Town of Brant Zoning Law by establishing regulations for the siting, installation and operation of Commercial and Residential Solar Energy Systems in the Town of Brant, by creating a new Chapter 161-39-I entitled “Solar Energy Systems”.

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: April 28, 2017

By order of the Brant Town Board

Barbara Daniel

Brant Town Clerk

At 8:01 PM, Supervisor Pero then motioned to open the public hearing, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

DISCUSSION:   Town Attorney Trask commended the efforts put forth by the Planning Board to create the proposed Local Law which would regulate the placement, siting, installation and operation of Commercial and Residential Solar Energy Systems. However, he also explained that the law cannot be adopted during this public hearing because the Town had not yet declared itself Lead Agency status under SEQR. He noted that a completed zoning Referral (ZR-1) must be sent to Erie County for their review and comments. This process will take 30 days as the County must be given the opportunity to make recommendations.

Code Enforcement Officer Gary Brecker then reiterated the Attorney’s opinion of the work that the Planning Board put into creating the law.

No further comments were made.

Supervisor Pero then motioned to close the public hearing, and was seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

At this time, Attorney Trask suggested the following resolution:

BE IT RESOLVED, the Town of Brant Town Board declares itself Lead Agency under SEQR for the proposed local law #2-2017 which would regulate the installation, siting, and operation of Commercial and Residential Solar Energy Systems in the Town of Brant, calling for a public hearing set for Tuesday June 13, 2017 at 8:00 PM;

BE IT FURTHER RESOLVED, that a zoning referral ZR-1 will be sent to Erie County Department of Environment and Planning for their review.

Supervisor Pero then motioned to adopt the above resolution, and was seconded by Councilman Muffoletto. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION ADOPTED.

COMMITTEE REPORTS:

Summerfest: Councilman Kaczmarek noted that he ordered the signs, and they are working on the book. The bands are set. Lynda Ostrowski is working on the Vendors and Crafters. Frank Broughton is working on the ads for the book.

Gas Card Policy: The Town Attorney stated he is looking to see if the Town of Evans has a Piggy Back Clause on their competitive bid for gas purchases under their mobile fleet card program. If they do, the Town of Brant could take advantage of that instead of going out and seeking bids. Obtaining the Town fuel in this manner would track the vehicle used, person putting the fuel in the vehicle, etc. No action was taken on this item.

DPW OPTION: The members of the Town Board discussed the possibility of creating a Department of Public Works (DPW) to eliminate the Highway Department. Attorney Trask stated such an action would require a referendum vote since it would eliminate an elected office. He added that generally, the current elected Superintendent would finish his current term. Attorney Trask stated he will look into it before the next meeting.

TOWN BOARD REPORTS:

Councilman Kaczmarek: Working on Brantfest book. Bands are all set for Brantfest.

Rec gym floor flood work is finished. Farnham assisted with the repairs, and was pleased for the

shared services.

Councilman Clark: Absent

Councilman DeCarlo: Nothing to report

Councilman Muffoletto: Summer concerts are all lined up and ready. Dispatch contract is

finalized.

Supervisor Pero: Mark Gaston from Soil and Water will be setting up repairs to the ditch near

Hector Wilson. State approval has been finalized. He will work with Joe to coordinate the

project. The State is subsidizing approximately $12,000 for the work. The work should be done

in the next week or two.

Supervisor Pero mentioned the State wants to require more shared services between local

government. They are now requiring Town’s to provide another list of new items to show

efforts to increase shared services. He explained that he would like the public to know that the

requirement for more shared services and the tax cap, will force Town’s to decrease

services, such as summer recreation which is normally available to their constituents. He

noted the minimum wage increase coming soon which will further make the tax cap even more

difficult. He stated that the tax cap is going to require the Towns to cut services because costs

continue to rise, and where else will the money come from. He reminds the public that the

Town of Brant has not increased taxes in eleven years. He is unsure of where the problem is,

but he said it’s not in Erie County Towns. He asks that the Board and Town residents support

him when he works to stop the “squeeze” being placed on small Towns.

Supervisor Pero then noted that he spoke with Noelle Cardos from NYS regarding the possibility of obtaining a grant for Park Preservation. He will be working on this.

HIGHWAY GREEN DUMP TRUCK: Councilman Muffoletto spoke of the expenses being incurred by the Green dump truck being used by the Highway. He suggests the Board look into selling it, and purchasing a pickup. Councilman Muffoletto will look into it and report on what he finds at the next meeting.

Councilman Kaczmarek stated that the Highway Superintendent advised him that the green dump truck may be problems during the summer work. Councilman Kaczmarek added that the Highway Department can seeks help of other Towns, and make use of the Shared services requirement.

PRIVILEGE OF THE FLOOR: Resident Donna Marien asked why the Town has an elected official who is grandfathered in for health insurance. She then asked why the benefit didn’t expired with each term. Supervisor Pero explained that a previous Board put the benefits in place and they have since changed. She felt it wasn’t right that his pay, with insurance goes from $31,000 to $37,000 when the cost of insurance is factored in. She asked if voters are aware of that. Attorney Trask responded this is a public record. Ms. Marien noted that the Town will save this money if the Highway Department is replaced by a DPW. Councilman Muffoletto responded that creating a DPW will have much greater benefit to the Town than just about the money saved.

With no further discussion, Supervisor Pero motioned to close the privilege of the floor, seconded by Councilman Muffoletto. 4 ayes, 0 nays. MOTION CARRIED.

CORRESPONDENCE:

SALES TAX: Supervisor Pero was unable to find his paperwork on the report of Sales Tax revenue, but stated that it had gone up.

Supervisor Pero read the following Abstract 5 of 2017:

Abstract 5 of 2017

*Prepaid and unpaid as of 5/9/17 Total Claims $58,884.57

Gen Fund Town wide Vouchers Totaling: $36,662.00

Gen Fund – Part Town Voucher Totaling: $8,169.04

Highway T.W. Vouchers Totaling: $4,495.00

Highway P.T. Vouchers, Totaling: $4,599.26

Fire Protection: Vouchers: Totaling: 0

Street Lighting: Voucher Totaling: $2,397.29

H Capital Projects: Vouchers 244-253, Totaling: $2,561.98

Lotus Bay Sewer Dist. 1: Vouchers: $0

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

Brant Water Dist 1: Voucher: none – Totaling $0

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

PAYROLL (2 payrolls):

General Town Wide Payroll 4/2/17 to 4/28/17 – Totaling $41,369.07

General Part Town Payroll 4/2/17 to 4/28/17 Totaling: $665.28

Highway Payroll TW 4/2/17 to 4/28/17 Totaling: $6,569.22

Highway Payroll PT 4/2/17 to 4/28/17 Totaling: $0

Councilman Muffoletto motioned to approve Abstract 5 of 2017, seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

NEXT TOWN BOARD MTG JUNE 13, 2017 AT 7:00 PM.

At 8:28 PM, Councilman Muffoletto motioned to close the adjourn the meeting. He was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk