This Regular Meeting of the Brant Town Board was held on Thursday September 5, 2019 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

 

Present were:

Mark DeCarlo Supervisor

Donna Marien Councilwoman

Mike Muffoletto Councilman

Janice Ross Councilwoman

Donald Clark Councilman

William Trask, Sr. Town Attorney

Barbara Daniel Recording Secretary

 

ALSO PRESENT / SIGNED IN WERE:

 

Tracy Kaczmarek Supervisor Secretary

Joe Ostrowski Planning Board Chairman

Brian Rott Resident

Don Hepkins Chief of Police

Linda Giancarlo Brantfest Chair

Joe Giancarlo Resident

Mark Trask Highway Clerk

Christine Kempf Resident

 

The meeting opened at 7:00 PM with the Pledge of Allegiance.

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS:  None spoke

MINUTE APPROVAL AUGUST 1, 2019 REGULAR TOWN BOARD MEETING AND AUGUST 20 SPECIAL CDBG SPECS MEETING: Councilman Muffoletto motioned to accept the minutes of the August 1, 2019 Regular Town Board meeting and the August 20, 2019 special CDBG Specs meeting. Councilwoman Marien seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

 

SUPERVISOR’S AUGUST 2019 FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilwoman Ross to accept the Supervisor’s August 2019 Financial Report as presented. 5 ayes, 0 nays. MOTION CARRIED.

BUDGET MODIFICATION: Supervisor DeCarlo read the Budget Modifications

 

Please make a resolution at the regular Town Board meeting on Thursday September 5th 2019 to

approve the following Budget Modification(s) to the 2019 Adopted Budget for the following Fund(s):

 

Budget Dec From/ Fund Account Amount

Modification (Inc) To Code Description Object Over Budget

Fund Townwide (A)

0. $512.00 (DR) Decrease A1110.4 Municipal Court (Judge Gier) Contr Expend
0. (DR) Decrease A1110.41 Municipal Court (Judge Kaczmarek) Contr Expend
0. $(1,025.00) (CR) Increase A1110.14 Municipal Court (Bench Clerk) Pers Serv $1,024.50

NOTE: The above expenditure was not provide for in the 2019 Adopted Budget

 

0. $272.00 (DR) Increase A3021 Court Facilities (JCAP Grants) Revenues
0. $(272.00) (CR) Increase A1110.22 Municipal Court - Grants Equip & Cap Out $271.79 applied to Revenue from 2019 JCAP Grant received 2/6/19 for court room bench chairs.

 

0. $475.00 (DR) Increase A3021 Court Facilities (JCAP Grants) Revenues
0. $(475.00) (CR) Increase A1110.42 Municipal Court (Grants) Contr Expend $95.00

2147483647. applied to Deferred Revenue from 2018 JCAP Grant received 2/8/18 at $95/mo for 5 months.

 

$33.00 (DR) Decrease A1355.41 Assessment Board of Review Contr Expend

0. $(33.00) (CR) Increase A1355.12 Assessment Board of Review Pers Serv $33.00

 

0. $3,309.00 (DR) Increase A3060 State Aid Education (Grants) Revenues

$275.00 (DR) Decrease A1990.4 Contingent Account Expenditure

0. $(2,696.00) (CR) Increase A1460.11 Records Management (Grant) Pers Serv $2,695.75
0. $(888.00) (CR) Increase A1460.41 Records Management (Grant) Contr Expend $888.20

The above expenditures totaling $3,584 are being applied to the 2018 NYS Education Records Management

in the amount of $ 3,309. The balance due of $275 is being charged to the Town's share of expenses.
expenses submitted $32,368 less grant funds received $24,776 = $7,592 balance due from Grant.)

 

$4,000.00 (DR) Decrease A1621.2 New Town Hall Building Equip & Cap Out

4,999.00 (DR) Decrease A1990.4 Contingent Account Contr Expend

$8,999.00 (CR) Increase A1620.2 Buildings & Grounds Equip & Cap Out $8,999.00

The above expenditure was not provided for in the 2019 Adopted Budget.

 

$300.00 (DR) Decrease A1680.41 Central Data Processing Contr Expend

0. $(300.00) (CR) Increase A1680.2 Central Data Processing Equip & Cap Out $300.00

 

$250.00 (DR) Decrease A7550.41 Summerfest Events Contr Expend

0. $(250.00) (CR) Increase A7270.4 Band Concerts Contr Expend $250.00

 

$487.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefits

0. $(487.00) (CR) Increase A9055.8 Disability Insurance Employee Benefits $486.50

 

$49.00 (DR) Decrease A1990.4 Contingent Account Contr Expend

0. $(49.00) (CR) Increase A9730.7 BAN Interest Debt Service $48.19

 

Fund Town Outside Village (B)

$67.00 (DR) Decrease B8011.4 Zoning Board of Appeals Contr Expend

0. $(67.00) (CR) Increase B8010.4 Zoning Contr Expend $66.85

 

2147483647. Fund Town Outside Village (DB)

$26.00 (DR) Decrease DB9040.8 Workmens Compensation Employee Benefits

0. $(26.00) (CR) Increase DB9055.8 Disability Insurance Employee Benefits $25.50

 

Supervisor DeCarlo motioned to approve the Budget Modifications, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo - aye, Councilwoman Marien – aye, Councilman Clark – aye, Councilman Muffoletto – aye, Councilwoman Ross – aye. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S JULY 2019 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s July 2019 Regular Financial Report and the Tax Collector’s Report, seconded by Supervisor DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S JULY 2019 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Councilman Muffoletto motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for July 2019, and was seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S JULY and AUGUST 2019 REPORTS: Code Enforcement Officer Brecker read his reports.  He reported that he is now on the Zombie Task Force. He advised that this task force provides no funding to assist with abandoned homes. Discussion began about the various abandoned properties. Discussion turned to Weitsman’s closing down. It was noted that their Special Use Permit was never signed. Attorney Trask advised the Code Officer to document when they ceased to operate the scrap yard. added that after a certain amount of time where the property is not being used for the non-conforming use, the non-conforming (grandfathered) status expires. Brecker then advised the Board that he received a permit from Erie County to construct a sewage disposal system for a restroom at the Farnham Park. asked if the Board would like him to participate in the project. The Town Board requested he only check with the Village’s Code Officer to be sure he is aware of the application. Supervisor DeCarlo motioned to approve both reports, seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

 

DOG CONTROL OFFICER’S JULY and AUGUST 2019 REPORTS: The Dog Control officer presented her July report and requested to table the August report. Supervisor DeCarlo motioned to approve the July report as read, and seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT AUGUST 2019: Chief Hepkins read his report. Councilwoman Ross motioned to approve the report as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S AUGUST REPORT: The Highway Report for August 2019 was presented by Councilwoman Marien. Councilman Muffoletto asked again this month about fuel being used to help other towns, adding that we usually fill up their trucks. Are those towns refueling our trucks when we do work for them? Supervisor DeCarlo asked Councilwoman Marien to find out about this. Supervisor DeCarlo motioned to approve the report as read, and seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Daniel read the August Report. She said she received a request for the use of any available enclosed park buildings from September 14 through March 16, twice every day for 1 hour each time. The request is from James Rowell of the Jehovah Witness group on Cain Road. Their building is being remodeled so they are looking for places to hold brief meetings. After discussion, the Board decided to allow them to use the Town Hall gym. Attorney Trask mentioned that we need to make sure the group that wants to use a building, they will need proof of insurance. Supervisor DeCarlo asked the board members if they are ok with them using one of our buildings as long as they show proof of insurance and as long as there is no conflict with other uses of the gym. All agreed. She then presented the dates for the additional voting hours this fall. Supervisor DeCarlo motioned to approve the report as read, and seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD MINUTES: Councilwoman Ross read the August 6^th minutes of the Planning Board. Donna Marien asked why Angela Joy is still on the board. She was asked to resign because she no longer lives in the town. To remove her from the board, a public hearing must be set to show cause for her removal.

 

Supervisor DeCarlo made a motion to accept the August Planning Board minutes as read, seconded by Councilman Muffoletto. 4 ayes, 1 nay by Councilwoman Marien. MOTION CARRIED.

Supervisor DeCarlo made a motion to set the public hearing to show cause for the removal of Angela Joy from the Planning Board for October 3, 2019 at 7:30pm if a formal resignation is not received. Seconded by Councilwoman Ross. 5 ayes, 0 nays. MOTION CARRIED.

Councilwoman Ross then read the September Planning Board minutes. Supervisor DeCarlo made a motion to accept the September minutes as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD OF APPEALS REPORT: The Supervisor read the Zoning Board Report submitted by Chairman Frank Broughton. Councilman Clark made a motion to accept the report as read, seconded by Supervisor DeCarlo. Councilwoman Ross asked that it be noted that she attended the hearing. 5 ayes, 0 nays. MOTION CARRIED.

RECREATION DIRECTOR’S REPORT: Councilman Muffoletto read the report submitted by Director Vincent Fininzio. It stated that 178 kids attended this year. They averaged about 100 kids each day. They had 6 successful field trips. He thanked Ellsworth Nolan for the donation of the dunk tank and the year end party. He also thanked the Town Board for the approval of the third bus for some of the field trips. Totals for 2019: Fees collected $27,925.10, budgeted $15,000.00, total payroll $42,299.32 budgeted was $43,075.00, 2019 expenses were $6445.77 budgeted $7,000.00. Councilwoman Marien said some parents asked to have the program go longer. Tracy said that many of the counselors go back to school so no one would be available. Councilman Clark said that someone told him the pool should be free to all Brant Residents. It was stated that there has always been a fee for everyone. Supervisor made a motion to accept the report as read, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

PARKS COMMISSIONERS’ REPORT: Tabled to the next meeting.

TOWN HISTORIAN’S REPORT: No report. Tabled to the next meeting.

FIRE COMPANY REPORTS: No reports.

 

SENIORS REPORT: Councilwoman Ross read the report of the September meeting. It was stated that any Brant Residents 50 years and older are welcomed to join us. The Christmas Lunch will be held on December 8 at the Colony House. Supervisor DeCarlo made a motion to accept the report as read, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

Acknowledgement of the floor for Visitors, Invited Guests and Presenters: None

 

OLD BUSINESS

Quote to Install Cameras at Highway: The Supervisor said he called NYSEG to ask about them paying for the cameras. They said there was no agreement so they are not responsible. Even if there was an agreement, it would have been stated they are not responsible. Councilman Muffoletto said he looked over the paperwork and found that most of the cost is in the labor and the cable. He contacted Brian Rott to come and test the cables. They did not have access to the Highway Office. Arrangement will be made with the Superintendent.

Update on the AED: The Supervisor stated that we need to get our equipment updated. The current equipment that was donated is outdated and not functioning. Supervisor DeCarlo will look into getting a service and new equipment.

NEW BUSINESS

Resignation of Patrolman Clayton Reed: The Supervisor read the letter of resignation of Patrolman Clayton Reed that Chief Hepkins gave to him. Patrolman Reed has been with the force for 7 years. He is resigning as of September 30, 2019. Supervisor DeCarlo made a motion to accept the resignation of Patrolman Clayton Reed, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED.

The Supervisor then read a letter submitted by Chief Hepkins, written to Patrolman Reed, thanking him for his great work. He wished him well with his work in the Buffalo Police Department.

Police Tahoe – Declare Surplus: The Supervisor would like to declare the Police Tahoe as surplus and put it up for auction. Supervisor DeCarlo made a motion to declare the Tahoe as surplus and post it on Auctions International. Chief Hepkins stated that posting this on Auctions International is free. The Supervisor must approve the contract and enter agreement with Auctions International. Therefore, he requests Board approval to do so. Supervisor DeCarlo made a new motion to declare the Tahoe as surplus, seconded by Councilwoman Marien. A roll-call vote was taken. Supervisor DeCarlo – aye, Councilwoman Marien – aye, Councilman Clark – nay, Councilman Muffoletto – aye, Councilwoman Ross – aye. 4 ayes, 1 nays. MOTION CARRIED. Supervisor DeCarlo made a motion to allow Supervisor DeCarlo to enter into agreement with Auctions International to place the into auction of the surplus Tahoe , seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

REPORTS OF THE COMMITTEE:

CDBG Bid specs:

Supervisor DeCarlo spoke with Grant Writer Connie Minor about the bid. He will finalize the specs and allow the County to review and approve them, and then have the Town Board will make their final approval of the specs at a separate meeting. The Legal Notice requesting bids will then be published.

Monday Night Concert Series: Councilwoman Ross suggested to table the report until Lynda Ostrowski can be present.

Brant Summerfest: The Supervisor thanked everyone who worked so hard on it, especially Linda and Joe Giancarlo. The financials were successful: Total Expenses: $10,112.95 (including donation to St. Jude’s Children’s for $662.) Revenues: $10,813.00. 2019 Budget: 15,000.

The Supervisor received a letter from the Rec Employees asking for a raise for next year. This will be brought up during the budget process.

Councilman Clark asked if the meeting has been set for the budget. The Supervisor stated he is waiting for the department heads to return the forms of request.

Councilman Clark asked about the sexual harassment classes. The attorney said that it does apply to all town employees including the members of all boards. The rec employees attended one. There will be a class at the town hall or it can be done online. If you have already taken this class and have a certificate, you will not need to take the class.

 

RECOGNIZED PRIVILEGE OF THE FLOOR: Chief Hepkins reminded the Board that placing an AED in the Town Hall would require all employees to be trained in its use.

 

MEETINGS AND CORRESPONDENCE:

The public notice for bids will be available to be read at the meeting stating that they approved the bid.

The Supervisor received a Public Notice designated September 1^st through September 30^th as the annual 30 day period for land owners to submit requests to include predominately viable agricultural land into an existing agricultural district.

Sales tax is in and the current transfer is 8.6% greater than 2018. The year to date is running at 3.38% which is ahead of the previous year. This is better than what we budgeted for.

Southtowns Rural Preservation: The Supervisor read a letter from the Southtowns Rural Preservation Company. It stated that they are now administering the Southtowns Restore Program. This is for Seniors, age 60+, own home and in need of repair etc. There are different levels available for different income levels.

Rural Transit would is asking for volunteers.

Erie County Senior Services spoke to the Southtowns Coalition and handed out material for help to seniors. This is available at the Clerk’s office.

 

Supervisor DeCarlo read Abstract 9:

 

Abstract 9 of 2019

*Prepaid and unpaid as of 9/5/19 Total Claims $135,023.31

 

Gen Fund Town wide Vouchers Totaling: $57,956.82

Gen Fund – Part Town Voucher Totaling: $8,209.39

Highway T.W. Vouchers Totaling: $497.30

Highway P.T. Vouchers, Totaling: $5,162.16

Fire Protection: Vouchers: Totaling: $58,565.00

Street Lighting: Voucher Totaling: $4,632.64

H Capital Projects: Vouchers Totaling: $0

Lotus Bay Sewer Dist. 1: Vouchers: $

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

Brant Water Dist 1: Voucher: none – Totaling $

Special Grant Fund: Totaling: $

PAYROLL (3 payrolls):

General Town Wide Payroll 7/21/19 to 8/31/19 – Totaling $106,701.57

General Part Town Payroll 7/21/19 to 8/31/19 Totaling: $1,048.47

Highway Payroll TW 7/21/19 to 8/31/19 Totaling: $0

Highway Payroll PT 7/21/19 to 8/31/19 Totaling: $10,975.14

 

Supervisor DeCarlo motioned to approve Abstract 9 of 2019, seconded by Councilwoman Marien. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Clark-aye, Councilman Muffoletto-aye, Councilwoman Ross-aye. 5 ayes, 0 nays. MOTION CARRIED.

Our next meeting will be on Thursday, October 3, 2019 at 7:00PM.

EXECUTIVE SESSION: Supervisor DeCarlo made a motion to go to EXECUTIVE SESSION at 8:24pm to discuss Personnel and Contractual items. seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

Supervisor DeCarlo made a motion to close EXECUTIVE SESSION at 9:22PM, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

VOTE TO CREATE NEW POLICE CLERK POSITION: Supervisor DeCarlo motioned to add the position of Police Clerk part-time. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

The Supervisor’s secretary will file the necessary paperwork to add the position to the Town’s inventory.

VOTE TO APPOINT PART-TIME POLICE CLERK: Supervisor DeCarlo motioned to approve the appointment of Sandra Smaldino to the position of Part-time police clerk at a starting rate of $15.00 per hour, not to exceed 10 hours per week. Councilwoman Ross seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

At 9:27 pm, Supervisor DeCarlo motioned to adjourn the meeting, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

Respectfully submitted by,

 

Barbara J. Daniel

Brant Town Clerk