This Regular Meeting of the Brant Town Board was held on Thursday, October 3, 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

Donald Clark Councilman

Donna Marien Councilwoman

Janice Ross Councilwoman

William Trask, Sr. Town Attorney

Barbara J. Daniel Recording Secretary

Absent was:

Michael Muffoletto Councilman

 

ALSO PRESENT / SIGNED IN WERE:

Joe Ostrowski Planning Board Chair

Lynda Ostrowski Deputy Town Clerk

Tracy Kaczmarek Supervisor Secretary

Chad Kaczmarek Judge

Joe DeCarlo Assessor

Don Hepkins Chief of Police

John Mills Erie County Legislator

Nancy Heath Erie County Legislator Assistant

Linda Giancarlo Resident

Seraphino Giancarlo Resident

Denny Kane Resident

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

RECOGNITION OF DIGNITARIES, OFFICIALS AND VISITORS: Hon. John Mills, Erie County Legislator

MINUTE APPROVAL SEPTEMBER 5, 2019 REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes of the September 5, 2019 Regular Town Board meeting. Councilwoman Marien seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S AUGUST 2019 FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilwoman Marien to accept the Supervisor’s August 2019 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MODIFICATION: Supervisor DeCarlo read the Budget Modifications

 

FROM:	Richard A. Gryksa MBA, Town Accountant			CORRECTED 10/22/19
SUBJECT:	Budget Modification #6 as of:			9/30/2019
	Please make a resolution at the regular Town Board meeting on Thursday October 3rd 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
General Fund Townwide (A)
$ 450.00	(DR) Decrease	A1110.4	Municipal Court (Judge Gier)	Contr Expend
450.00	(DR) Decrease	A1110.41	Municipal Court (Judge Kaczmarek)	Contr Expend
$ (900.00)	(CR) Increase	A1110.14	Municipal Court (Bench Clerk)	Pers Serv	$ 899.50
	NOTE: The above expenditure was not provide for in the 2019 Adopted Budget
$ 551.00	(DR) Decrease	A1990.4	Contingent Account	Contr Expend
$ (551.00)	(CR) Increase	A1420.4	Law	Contr Expend	$ 551.00
$ 1,223.00	(DR) Increase	A1620.11	Buildings & Grounds Staff	Pers Serv
$ (1,223.00)	(CR) Increase	A1621.1	New Tow Hall Bldg	Pers Serv	$ 1,222.04
	NOTE: The above expenditure was not provide for in the 2019 Adopted Budget
$ 898.00	(DR) Decrease	A1990.4	Contingent Account	Contr Expend
$ (898.00)	(CR) Increase	A9785.6	Installment Debt-Principal	Debt Service	$ 897.80
General Fund Part Town (B)
$ 62.00	(DR) Decrease	B8160.4	Refuse & Garbage	Contr Expend
$ (62.00)	(CR) Increase	B5010.4	Street Administration	Contr Expend	$ 62.00
$ 34.00	(DR) Decrease	B8160.4	Refuse & Garbage	Contr Expend
$ (34.00)	(CR) Increase	B8010.4	Zoning	Contr Expend	$ 33.11
$ 77.00	(DR) Decrease	B8011.1	Zoning Board of Appeals	Pers Serv
$ (77.00)	(CR) Increase	B8011.4	Zoning Board of Appeals	Contr Expend	$ 77.00
Highway Fund Part Town (DB)
	As of September the Highway Part Town Fund is totally over Budget by:				$ 26,514.88
	Due to the timing of the major revenue streams, i.e. quarterly Sales Tax and annual
	CHIPS payments, the funds necessary to pay the expenses have to be borrowed from
	other funds until all the revenue is received and the amounts borrowed can be paid back.
	As of September the Highway Part Town Fund has borrowed from other funds:				$ 60,782.00
	At this time, we anticipate that we will receive third and fourth quarter estimated sales
	tax payments totaling $62,346 and a CHIPS payment of $31,000 for a total of $93,355
	to repay the borrowed funds.

 

Supervisor DeCarlo motioned to approve the Budget Modifications, seconded by Councilwoman Ross. Roll Call vote was taken: Supervisor DeCarlo – aye, Councilwoman Ross – aye, Councilman Clark – aye, Councilwoman Marien – aye.  4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S AUGUST 2019 FINANCIAL REPORT: Councilman Clark motioned to accept the Town Clerk’s October 2019 Regular Financial Report, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S AUGUST 2019 FINANCIAL REPORTS FOR JUSTICES GIER AND KACZMAREK REGULAR AND BAIL ACCOUNTS: Supervisor DeCarlo motioned to approve both Bail and Regular Financial accounts for Justice Gier and Justice Kaczmarek for August 2019, and was seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S SEPTEMBER 2019 REPORT: Code Enforcement Officer Brecker read the September report and asked the Town Board’s guidance regarding a recent request from National Fuel to extend their Special Use Permit by 60 day to allow them to restore the worksite to original condition. Supervisor DeCarlo motioned to extend the National Fuel Special Use Permit for 60 days, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED. Councilman Clark asked if there had been any activity at Weitsman’s Scrap Yard. CEO Brecker reported that absolutely no activity has happened at the scrap yard. It’s very clean. Councilman Clark asked that this be documented in the minutes. Supervisor DeCarlo motioned to accept the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S AUGUST and SEPTEMBER 2019 REPORTS: Dog Control Officer Barbara Daniel read her August report. The September report was tabled until next month. Supervisor DeCarlo made a motion to accept the August Report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

POLICE REPORT SEPTEMBER 2019: The September 2019 Police Report was read by Police Chief Hepkins. He then updated the Town Board as to the results of the Auction International bid 2015 Tahoe. He stated that the highest bid was $20,600.00 and he felt that was much lower than the car was worth. The Chief added that Auctions International offered to notify the highest bidder of the required minimum bid for the car. To decide on the minimum bid, he contacted the Supervisor and the two decided $30,000 would be the lowest they would sell it for. He then advised the Board that he would rather keep the car if they cannot get their asking price. He asked the Town Board if the next move would be to request a sealed bid. DeLacy Ford offered $25,000 as a trade in but advised the Board that the 2020 Explorer price has increased to $36,000. Which means the Town would be paying out $11,000 for the difference. He also advised that the Dodge Charger’s are running approximately $29,000 as an option. Discussion will continue at the November meeting. Councilwoman Marien motioned to approve the report as read, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

Legislature John Mills spoke: Reminds the audience to contact his office and speak with his assistant Nancy Heath with any concerns they may have for him. He reminded everyone about using the Yellow Dot program, and to use the Scenic Bi-way mays that run from Orchard Park to Springville to Ellicottville. He reminded everyone about the Hot Spot fishing maps. He successfully blocked the installation of Wind Turbines on Lake Erie. As for the money budgeted for Road repairs are not being fully spent. Last year he uncovered $6 million that wasn’t spent. He is working to make sure the workers are more efficient. He would also like to spend more of the budget on Infrastructure. He wants road repair to be done right, using proper drainage, etc. Lastly, he noted that the County will have a reduction on the budget. Supervisor Mark DeCarlo then thanked the Legislator for always being ready to help with any concerns presented by the residents, and commented on the good job he is doing.

 

PUBLIC HEARING (CDBG)

The Town Clerk read the notice:

TOWN OF BRANT

LEGAL NOTICE OF PUBLIC HEARING

THE TOWN OF BRANT will hold a public hearing on Thursday, October 3^rd, 2019 at 7:30 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.

THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.

THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant.

CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.

THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.

September 23, 2019

By order of the Brant Town Board

Barbara J. Daniel, Brant Town Clerk
 

Supervisor DeCarlo made a motion to open the public hearing at 7:41 pm, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

The Supervisor asked for comments regarding the use of the federal funds. He mentioned a few of the past projects funded by the Grant that improved the community. There were no comments.

Supervisor DeCarlo made a motion to close the public hearing at 7:43pm, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

Upon closing the Public Hearing, Supervisor DeCarlo presented the Resolution naming Rural Transit Van Service as the top priority for this year’s funding:

 

Councilwoman Janice Ross moved the following Resolution and moved its adoption:

 

WHEREAS, following the Public Hearing of Thursday October 3^rd, 2019 which was held at the Brant Town Hall for suggestions by the public for projects to be submitted for funding, and in consideration thereof,

 

NOW, THEREFORE BE IT RESOLVED, that the Brant Town Board submits the following projects to be considered for funding by the Erie County Community Development Block Grant Program during the 2020-21 grant cycle:

 

1^st Priority - Rural Transit Service

 

NOW THEREFORE BE IT RESOLVED that the Brant Town Board authorizes Mark DeCarlo, Town Supervisor, to sign, submit and if funded, execute a contract with Erie County Community Development Block Grant (ECCDBG) Program for Rural Transit Service upon approval of the EC CDBG.

Seconded by Councilwoman Marien and put to a vote this resulted as follows:

Councilwoman Ross     aye

Councilwoman Marien aye

Councilman Clark        aye

Supervisor DeCarlo      aye

 

HIGHWAY SUPERINTENDENT’S September REPORT: The Highway Report for September 2019 was presented by Councilwoman Marien. It was noted that Kevin is filling in for Butch who is out for surgery. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S REPORT TO THE BOARD: Town Clerk Barbara Daniel presented her activity report for September 2019. She asked to add a few more vendors to the approved for prepay list. This would reduce late payments to vendors who can’t get their invoices to us by the 1^st of the month. The Supervisor said he has received many requests to have the meetings changed back to the 2^nd Tuesday of the month. Councilwoman Ross asked about Councilman Muffoletto’s ability to make it. The Supervisor stated that Councilman Muffoletto will work it out to be at the meetings. Supervisor DeCarlo made a motion to move the Town Board Meetings back to the 2^nd Tuesday of the month, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED. Supervisor DeCarlo made a motion to approve the Town Clerk’s report as read, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD MINUTES: The October Minutes was read by Secretary Lynda Ostrowski. Councilwoman Ross asked why Board Member Jamey Solecki was still on the board even though he had only made 1 meeting so far this year. It was suggested to move Jamey to an alternate position. Also, Angela Joy has resigned from the board. It was recommended to move the two alternates, Rebecca Haskins and Debra Ritz to the two opened positions. Councilman Clark made a motion to move Jamey Solecki to the alternate position, move Rebecca Haskins and Debra Ritz to the 2 open positions, seconded by Councilwoman Ross. Roll call vote was taken. Councilman Clark – aye, Councilwoman Ross – aye, Councilwoman Marien – aye, Supervisor DeCarlo – aye. 4 ayes, 0 nays. MOTION CARRIED.

The Supervisor stated that he received a letter of request to join the Planning Board from Elmer McSkimming. He will be placed on the board as an alternate. Supervisor DeCarlo made a motion to appoint Elmer McSkimming to the Planning Board as Alternate No. 2, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED. Supervisor DeCarlo motioned to approve the Planning Board minutes as read and seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

ZONING BOARD OF APPEALS REPORT: No report.

 

RECREATION DIRECTOR’S REPORT: No report.

 

PARKS COMMISSIONERS’ REPORT: No report.

 

TOWN HISTORIAN’S REPORT: The report is tabled until next month.

 

FIRE COMPANY REPORTS: This report is tabled until next month.

 

SENIORS REPORT: Secretary Lynda Ostrowski read the October Report. Supervisor DeCarlo motioned to approve the minutes as read and seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

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

 

OLD BUSINESS

An offer came from National Grid stating they will offer $1,244.00 towards the new camera in exchange for a written agreement with the Town. Supervisor DeCarlo made a motion to approve the purchase of the new camera, Councilman Clark seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

New speed limit signs are up on Lotus Point Rd. The residents are happy.

 

NEW BUSINESS

 

PLANNING BOARD RESIGNATION: Supervisor DeCarlo made a motion to accept the resignation of Angela Joy from the Planning Board, seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

 

JCAP GRANT RESOLUTION: Supervisor DeCarlo read the resolution, offered by Councilman Donald Clark who moved it’s adoption:

 

The following resolution was offered by Councilman Donald Clark of the Town of Brant, who moved its adoption:

 

Whereas: The Justice Court Assistance Program was established by the New York State Legislator as an ongoing vehicle by which the State can assist Towns and Villages in the operation of their Justice Courts;

Whereas: The maximum JCAP grant is up to $30,000 and there are no matching funds required by this application;

Whereas: The grant may be used for a variety of purposes, including but not limited to the acquisition of:

1. Courtroom monitoring system and installation
2. Court Office and Courtroom window mirroring
3. Courtroom security railing/bar

Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 10, 2019 deadline;

Be It Resolved: The Brant Town Board hereby authorizes the Brant Town Court to apply for Justice Court Assistance Program (JCAP) funding during the 2019-20 grant cycle, by submitting an application for the JCAP grant in an amount not to exceed $30,000.00; and further

NYS UNIFIED COURT SYSTEM JUSTICE COURT ASSISTANCE PROGRAM and if awarded, to be the official representative in connection with the application, providing any additional information, if required, and to fully comply with the execution of the contract.

Resolution was seconded by Councilwoman Janice Ross and duly put a vote, as follows:

 

Supervisor Mark DeCarlo Aye

Councilwoman Donna Marien Aye

Councilman Donald Clark Aye

Councilwoman Janice Ross Aye

                                              RESOLUTION ADOPTED

ADVERTISE FOR COMPETITIVE BIDS FOR REFUSE COLLECTION: Supervisor DeCarlo noted that the current bid contract expires December 31^st, 2019. Attorney Trask advised the Supervisor to update the bid specs and obtain the approval of the specs with Farnham. Bid specs must be supplemented with a uniform bidding sheet otherwise you may get different bidders bidding on different things. He also suggests a front end of the bid specifications that he will create. Attorney Trask stated that if the bid specs are completed and approved by the village quick enough, the bid specs can be put to bid by second week of October.

Supervisor DeCarlo then motioned to postpone the return to second Tuesday of the month for Regular Town Board meetings until December. Therefore, the November meeting will be held Thursday, November 7^th. Councilwoman Marien seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

SET DATE FOR PUBLIC HEARING FOR PRELIMINARY BUDGET: Supervisor DeCarlo motioned to set the public hearing for the preliminary budget to November 7 at 7:30 PM. Councilwoman Marien seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

SET PUBLIC HEARING FOR FIRE PROTECTION AND AMBULANCE CONTRACTS: Supervisor DeCarlo motioned to set the public hearing for the fire protection and ambulance contracts. The hearing will take place on November 7th at 8:15 pm. Councilwoman Marien seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

SET DATE FOR BUDGET WORKSHOP TO REVIEW TENTATIVE BUDGET: Supervisor DeCarlo made a motion to set the Budget Workshop Meeting on Friday October 11, 2019 at 6:00 pm, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

SET REFUSE BID OPENING DATE: Supervisor DeCarlo motioned to set the date and time of the refuse bid opening to Thursday October 24^th at 3:00 PM in the Town Clerk’s Office. Councilwoman Marien seconded the motion. A roll call vote was taken: Supervisor DeCarlo-aye, Councilwoman Marien-aye, Councilman Clark-aye, Councilwoman Ross-aye. 4 ayes, 0 nays. MOTION CARRIED.

SET HOURS FOR TRICK OR TREATS: Supervisor DeCarlo motioned to set 6 pm to 8 pm as the hours for trick or treats, seconded by Councilman Clark.
4 ayes, 0 nays. MOTION CARRIED.

 

Discrimination and Harassment Training Classes: Tues 10/8 at 7pm, Thurs 10/10 at 9am, Tues 10/29 at 3pm. All Town employees MUST attend one of the classes. The classes are mandatory at least once per year. Supervisor DeCarlo made a motion to offer the class to the Farnham Employees as a shared service, seconded by Councilwoman Ross. 4 ayes, 0 nays. MOTION CARRIED.

 

TOWN BOARD REPORTS:

 

Councilman Clark: No Report

Councilwoman Marien: Councilwoman Marien reported that E-Waste is now done for the year and the cost was

lowered by increasing the fees.

Councilwoman Ross: No report

Supervisor DeCarlo: November 7, 2019 will be the last Thursday Town Board Meeting.

Monday Night Concert Series: Lynda Ostrowski presented the report. She said that Farnham is looking to get sponsors for 2 or 3 concerts. This will leave 3 concerts for the grant which will allow the board to bring in groups with larger followings. Supervisor DeCarlo motioned to approve the report as read, seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

Halloween will be observed on the 31^st from 6pm to 8pm.

RECOGNIZED PRIVILEGE OF THE FLOOR: None

Linda Giancarlo asked if Brantfest will be held on Father’s Day Weekend again next year. The Drifters need a notice in December. The Supervisor gave Linda permission to set the date.

Meetings & Correspondence: The Supervisor said the sales tax for September was up 8.24% from corresponding 2018 payment. The Year to Date is up 3.5%. He also said that at the September 26^th Association of Erie County Government Meeting, they talked about “Herd of Hope” Blue Buffalo fund raising being conducted throughout the Towns. The first town to raise $5,000 for cancer research will get a Blue Buffalo to be placed in their town park.

Supervisor DeCarlo read Abstract 10:

 

Abstract 10 of 2019

 

*Prepaid and unpaid as of 10/3/19 Total Claims $58,770.62

 

Gen Fund Town wide Vouchers Totaling: $43,513.45

Gen Fund – Part Town Voucher Totaling: $4,558.87

Highway T.W. Vouchers Totaling: $

Highway P.T. Vouchers, Totaling: $

Fire Protection: Vouchers: Totaling: $

Street Lighting: Voucher Totaling: $2,469.78

H Capital Projects: Vouchers Totaling: $

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 (2 payrolls):

General Town Wide Payroll 9/1/19 to 9/28/19 – Totaling $48,388.37

General Part Town Payroll 9/1/19 to 9/28/19 Totaling: $698.98

Highway Payroll TW 9/1/19 to 9/28/19 Totaling: $4,723.14

Highway Payroll PT 9/1/19 to 9/28/19 Totaling: $4,200.93

Supervisor DeCarlo motioned to approve Abstract 10 of 2019, seconded by Councilwoman Ross. A roll-call vote was taken: Supervisor DeCarlo-aye, Councilwoman Ross-aye, Councilman Clark-aye, Councilwoman Marien-aye. 4 ayes, 0 nays. MOTION CARRIED.

Next meeting will be Thursday, November 7, 2019 at 7:00 PM.

At 8:35 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Barry Snyder Sr., seconded by Councilwoman Marien. 4 ayes, 0 nays. MOTION CARRIED.

Respectfully submitted by,

Barbara Daniel

Brant Town Clerk