This Regular Meeting of the Brant Town Board was held on Tuesday, August 8, 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

Donald Clark Councilman

Mark DeCarlo Councilman

Barbara Daniel Town Clerk, Recording Secretary

William J Trask, Sr. Town Attorney

ALSO PRESENT / SIGNED IN WERE:

Brian Rott Resident

Debra Ritz Resident

Patricia Friend Town Historian

Janice Ross Planning Board/BOAR member/Hwy. Secretary

Joseph Giambrone Highway Superintendant

Mark Trask Deputy Town Clerk

Lynda Ostrowski Secretary to the Boards
Joe Ostrowski Planning Board Chairman

Donna Marien Resident

Janet Bowman Assessor’s clerk

Donald Hepkins Chief of Police

Alexander Kujawinski Resident

Ronald Kobel Resident

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

MINUTE APPROVAL JULY 11, 2017 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the July 11, 2017 Regular Town Board meeting. Councilman Muffoletto seconded the motion.

5 ayes, 0 nays. MOTION CARRIED.
 

BUDGET MODIFICATION: Budget modification #4 of 2017 was read by Supervisor Pero as follows:

Councilman Muffoletto motioned to approve budget modification #4 of 2017 as presented, and was seconded by Councilman DeCarlo. 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.

TOWN CLERK’S/TAX COLLECTOR’S JUNE 2017 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s June 2017 Regular Financial Report, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S JUNE 2017 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve both accounts for Justices Borngraber and Gier and regular financial reports, was seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S JULY REPORT: CEO Gary Brecker presented his reports for July. Councilman Kaczmarek motioned to accept the report as read, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S JUNE 2017 REPORT (JULY TABLED): The Dog Control Officer presented her June dog control report. The report also contained the year to date impound and kennel fee amounts. She requested to table her July report until the August meeting. Councilman Kaczmarek motioned to approve the June report as read. Councilman DeCarlo seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT JULY 2017: The July 2017 police report was presented by Police Chief Donald Hepkins. Councilman Clark motioned to accept the report as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S JULY REPORT: Liaison to the Highway, Councilman DeCarlo read the Highway report for July. The Superintendent attended 5 meetings in July. The report noted that a Town truck is being used to deliver loads of unusable junk millings to the Folt’s farm. Councilman Muffoletto asked what Folt’s would need the millings for. Superintendant Giambrone explained that it was to fill a hole in their driveway near the road. Councilman Muffoletto asked if the millings could have been used by the Town as fill. Giambrone explained it was large unsifted pieces and the edge of the road was damaged by the heavy farm equipment and the millings were used to repair the driveway near the road. He added that he also gave some for Philips Farm when they damaged Ellis Road with their equipment. Muffoletto responded that he has no right to sell or give away anything the Town owns. Giambrone responded that he has been doing this for thirty years. The discussion became loud and Supervisor Pero shut down the argument with the gavel. Supervisor Pero motioned to approve the reports as read, seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR JULY: The Town Clerk’s monthly activity report for July was read by the Town Clerk. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Planning Board Secretary Lynda Ostrowski read the minutes of the July Planning Board meeting . Councilman DeCarlo motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

CONCERT REPORT: Lynda Ostrowski spoke on the success of the Monday Night free concerts. The attendance was the best it has ever been. Not only were people in attendance, but they were on their porches enjoying the show. She advised the Board that a few people in attendance asked why not a single Town Board member attended any of the concerts.

ZONING BOARD REPORT: The Zoning Board chairman was not in attendance. The Zoning Board’s report will be presented at the September meeting.

RECOREATION DIRECTOR’S REPORT: No report presented. Councilman Kaczmarek noted that Recreation will have a Barbeque for the last day of Rec.

Councilman Kaczmarek noted that the Parks Commissioner was not present at the meeting. Highway Clerk Janice Ross asked if there was a report. Councilman Kaczmarek responded there was.

PARKS COMMISSIONER’S REPORT: Councilman Kaczmarek presented, but did not read an 8 page report submitted by Parks Commissioner Allen Nolan. The report is available for anyone wishing to read it.

TOWN HISTORIAN REPORT: Town Historian Patty Friend presented the minutes of the July Historical meeting. She noted that they are focusing on the creation of a historical book for Farnham. Councilman Kaczmarek motioned to approve the report as presented, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: Councilman Clark reported that he has not had the time to get the report.

SENIOR’S REPORT: The Senior’s held their picnic instead of their meeting. Therefore, there is no report for August.

OLD BUSINESS:

BUILDING PERMIT CHANGES: Planning Board Chairman Ostrowski advised the Board of some of the changes being made to the Building permit application. The application process will be more informative to the applicant. It is not presented tonight. It will be presented when finalized.

INCREASE PAY RATE FOR HIGHWAY NEW HIRE BILL GOUGH: Supervisor Pero explained that the Board must increase the pay rate for Highway New Hire Bill Gough from $17.50 per hour to $18.00 per hour because when Superintendant Giambrone hired Mr. Gough, he quoted his pay rate would be $18.00 per hour. Councilman Kaczmarek expressed his disagreement at such an increase for a new employee. After little discussion Supervisor Pero motioned to approve the increase from $17.50 per hour to $18.00 per hour. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-nay, Councilman Muffoletto-nay, Councilman DeCarlo-aye. 3 ayes, 2 nays. MOTION CARRIED.

FLOOD PLAIN WORK ON BRANT ANGOLA ROAD: Supervisor Pero advised the Board that work has begun on the Brant Angola Road area that floods over. Grant money will pay for the project.

$2,500 MEMBER ITEM GRANT: Supervisor Pero spoke regarding the unused $2,500 grant money that the Town may direct towards other projects. The Board had previously discussed using the money to help finance a new sign for the park entrance. An estimated cost for the sign will be required before he can go any further with Sandy from the Department of State. She will then walk Supervisor Pero through on the use of the grant money.

Supervisor Pero then announced that Kim Peck from Senator Jacob’s office will be available to meet with residents at the Town Hall every 4^th Wednesday starting September 26.

Supervisor Pero announced that an electronics waste drop off will be held on August 24 at the ECC South Campus.

Supervisor Pero reminded the Board that background checks had been finished on the lifeguards and bus drivers. The ratification of their appointment was now needed. He read the names and rate of pay for each:

• Daniel Halewski, Head Lifeguard $12.70/hour

• Allison Harford, Lifeguard $10.70/hour

• William Harford, Lifeguard $10.70/hour

• Emily Harford, Lifeguard $10.70/hour

• Maxwell Yargeau, Lifeguard $10.70/hour

• Jared Himes, Lifeguard $10.70/hour

• Irene Klemons, Lifeguard $10.70/hour

• Terri Strohmeyer, Bus Driver, $780/bi-weekly

• Doreen Chaplin, Bus Driver, $780./bi-weekly

• Stephen Thexton, Substitute Bus Driver $760./bi-weekly

Councilman Muffoletto motioned to approve the lifeguards and bus drivers and their rate of pay. He was seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS:

BOND COUNCIL AGREEMENT: Supervisor Pero explained the Board was required to renew their agreement with Hodgson-Russ for Bond Council. Attorney Trask explained that Bond Council was necessary to ensure that borrowing qualifies for tax exempt status. The rates for this agreement were summarized by Supervisor Pero. The rates are as follows:

• Notes: $2.000 (New) or $1,500 (renewal) (no official statement)

• Notes: $3,500 (New) or $2,750 (renewal) (Official Statement)

• Bonds: $4,000 (New) or $3,500 (renewal) (no official statement)

• Bonds: $5,000 (new) or $4,500 (renewal) Official Statement)

Plus $1.00 per thousand for amounts up to $3,000,000.

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

COMMITTEE REPORTS:

Summerfest: Councilman Muffoletto noted they are waiting for the final totals of checks, and money spent. The Brantfest figures will be available at the September meeting.

TOWN BOARD REPORTS:

Councilman Kaczmarek: Nothing to report.

• Councilman Clark:

• Expressed approval of the ZBA mtg he attended but was wondering why no report

  was presented since they now have a secretary.

• Mentioned a text he received from the Fire Command stating they will not be doing any hydrant training because of the low service with Erie County due to the water break.

• Mentioned the signal to the scanners/minuters is still very weak. Advised that this should be mentioned during the negotiations with Evans.

  
  Councilman DeCarlo: Nothing to report

Councilman Muffoletto: Nothing to report except the concerts already reported. Also reminded Attorney Trask to contact the Secretary to the Evans Supervisor regarding the dispatch agreement. He heard they have passed a 3 year resolution.

Supervisor Pero:

WIDE BEACH POSSIBLE REQUEST TO TURN ROAD OVER TO TOWN: A letter was received from Jeff Prince regarding a request to turn Wide Beach over to the Town of Brant. The Town is advised that the legality of doing so will be researched. Councilman DeCarlo asked if the road has to be brought to code in order to be a Town road. Attorney Trask responded that it must be a three rod road. They must also prove they have title to bring the road to three rod. He added that it doesn’t need pavement to the fill width, but the title to do so must exist. Attorney Trask asked if the Town had any written specifications for roads. Supervisor Pero stated he thought so. Trask stated the big issue will be who owns the road right of way. The Town must be deeded the road right of way.

• SHARED SERVICE PLAN: Supervisor Pero announced that Brant was listed #6 on the Shared Service list because of its recent shared services proposal. For example, Brant will share animal control with Farnham. He added that even though we do it, we can make it official and it becomes part of our shared service. The County is also discussing the Town’s proposed county wide one-stop drops for hazardous waste disposal (household waste, tires, electronics, etc). Another proposed shared service would be signing an agreement with Erie County to provide the mowing of the road right of ways, and like the snow plow contracts, pay the Towns to do so. This would allow Erie County to save money as Town labor cost is lower than County labor costs.

   

  PRIVILEGE OF THE FLOOR:

  Donna Marien of Brant Farnham Rd:

• Commended the Town of Brant for the great recreation program.

• Questioned how the Town can give a raise to someone who has been working for less than a year. She asked what will happen when the Highway Department goes over budget.

   

  CORRESPONDENCE:

• Request for a refund of $85.00 paid for Recreation fees by John and Nicole Wilson: Supervisor Pero read a letter requesting a refund of fees paid for the Recreation program. Their child did not attend the program. Councilman Clark motioned to approve the refund and was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Clark-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

• Sales Tax is 1.83% higher than the corresponding August 2016 payment. Year to date is 2.97% above last year year’s to date.

• ORPS State Equalization rate for the Town of Brant is 79% as of July 28, 2017

• Letter from Charter Communication stating the rates will increase.

   

• Councilman Kaczmarek asked the Town Attorney what the proper procedure was for getting rid of surplus items. Trask responded that it requires the Town Board to adopt a resolution declaring the item(s) as surplus. The Town must then take reasonable steps to sell the surplus via sealed bids or best offer received. If the surplus doesn’t sell in this way, the Town may offer it to another community that may need the surplus item. He added that to sell equipment, the Board must approve it. He will look into the legality of the millings. Councilman Kaczmarek noted that not only were the millings given away, but Town equipment and Town labor were used to deliver them.

  
  
  Supervisor Pero read the abstract:

  Abstract 8 of 2017

*Prepaid and unpaid as of 8/8/17 Total Claims $91,772.35

Gen Fund Town wide Vouchers Totaling: $63,456.03

Gen Fund – Part Town Voucher Totaling: $7,758.78

Highway T.W. Vouchers Totaling: $1,629.21

Highway P.T. Vouchers, Totaling: $1,370.08

Fire Protection: Vouchers: Totaling: $0

Street Lighting: Voucher Totaling: $2,052.75

H Capital Projects: Vouchers Totaling:

Lotus Bay Sewer Dist. 1: Vouchers: $0

Brant Farnham Sewer Dist: Vouchers Totaling: $0

Brant Water Dist 1: Voucher: Totaling $15,505.50

Special Grant Fund: Totaling: $

PAYROLL (2 pay periods):

General Town Wide Payroll 6/25/17 to 7/29/17 – Totaling $46,719.01

General Part Town Payroll 6/25/17 to 7/29/17 Totaling: $665.28

Highway Payroll TW 6/25/17 to 7/29/17 Totaling: $0

Highway Payroll PT 6/25/17 to 7/29/17 Totaling: $9,958.60

Councilman Muffoletto motioned to approve the abstract, 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.

The next Town Board meeting will be September 12 at 7:00 PM.

At 8:02 PM, Supervisor Pero asked for a moment of silence for the recently deceased Lajos Asboth while he motioned to adjourn the meeting. The entire Board seconded the motion. 5 ayes, 0 nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk