This Regular Meeting of the Brant Town Board was held on Tuesday, May 13, 2014 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.

PRESENT WERE:

Leonard K. Pero Supervisor
Chad Kaczmarek Councilman
Donald Clark Councilman
Jeffrey Gier, Councilman
Mark DeCarlo, Councilman
William J Trask, Sr. Town Attorney
Barbara J. Daniel, Town Clerk, Recording Secretary

Also present and signed in were:

Joseph Ostrowski Planning Board Chairman
Lynda Ostrowski, Deputy Town Clerk
Donald Hepkins, Chief of Police
Joseph DeCarlo, Assessor
Janice Ross, Planning Board
Lee Brunelli, resident
Debra Ritz, resident
Karl Simmeth, representative of NYS Assembly David DiPietro
Allen Nolan, Building Superintendent
Nick Burbige, resident
Brian Campbell, SUN reporter
Patrick Kelly, National Fuel Gas
Luke Anderson, National Fuel Gas

The meeting opened at 7:00 PM with a pledge to the flag.  Supervisor Pero acknowledged Karl Simmeth, representative of Assemblyman David DiPietro’s office.  Mr. Simmeth presented the Town Clerk with the following Citation for the Assemblyman’s Office:

New York State Assembly Citation:

Whereas, The Office of the Municipal Clerk is the oldest among public servants; and

Whereas, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and

Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk, now therefore be it;

Resolved, that as a duly elected Member of the State Assembly of New York, I recognize the week of May 4 through May 10, 2014 as Municipal Clerks Week, and further extend appreciation to Town of Brant Clerk, Barbara Daniel for the vital services she performs and the exemplary dedication to the community she represents.

The Citation, dated May 9th, 2014 bore the seal and signature of David DiPietro, member of the Assembly 147th District.

Clerk Daniel graciously accepted the Citation. 

MINUTE APPROVAL APRIL 8, 2014 Regular Town Board meeting.  Councilman Gier motioned to accept the minutes of the April 8th, 2014 and was seconded by Councilman Clark.  5 ayes, 0 nays. MOTION CARRIED. 

SUPERVISOR’S FINANCIAL REPORT: Councilman Kaczmarek moved and was seconded by Councilman DeCarlo to accept the Supervisor’s March 2014 Financial Report as presented.   5 ayes, 0 nays. MOTION CARRIED. 

BUDGET MODS: None were presented

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Gier moved to accept the Town Clerk’s March 2014 Financial Reports, and was seconded by Supervisor Pero.  5 ayes, 0 nays.  MOTION CARRIED. 

COURT CLERK’S MARCH 2014 FINANCIAL REPORTS FOR JUSTICES CROUSE & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Gier moved to accept both reports for March 2014 Financial Reports for the Bail and Regular account.  Councilman DeCarlo seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code officer Gary Brecker presented his April Report.  Discussion on distressed properties in Town and what can be done about them.  Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Clark.  5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S APRIL 2014 REPORT:  Dog Control Officer Barbara Daniel will present her April Dog Control report with her May report at the June Town Board meeting.  Supervisor Pero instructed  the DCO to take over the Town cell phone he was issued as he rarely uses it.  The new DCO phone number will now be 352-0422, unless the previous number 208-8549 can be transferred to the cell.

POLICE REPORT APRIL 2014: The April 2014 police report was read by Chief Donald Hepkins.  Supervisor Pero moved to accept the April Police report, and was seconded by Councilman Gier.
5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR APRIL 2014: The Town Clerk’s monthly activity report for April 2014 was read by Clerk Daniel. Councilman Clark moved to accept the report as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.  

PLANNING BOARD REPORT: Secretary to the Boards Lynda Ostrowski read the minutes of the April 22nd Planning Board meeting. Attorney William Trask noted that Local Law #1 has been modified to incorporate the Planning Board’s suggestion, and requested the Planning Board notate that in their minutes. He then addressed a portion of the Planning Board minutes as read by Ostrowski:

“The Town Attorney advised the Town Board that the Code Enforcement Officer can interpret the law any way he chooses.”

Attorney Trask expressed concern with the way the minutes reflected his statement regarding the authority held by the Code Enforcement Officer with regard to interpretation of Town Codes. The Attorney stated that he never said that. He then recited his original statement made in a previous meeting:

“…the Code Enforcement Officer has the primary authority to interpret the code…specifically  the zoning code when it comes to how it reads as far as uses in particular districts...I have also said that his interpretation is subject to review through an appeal to the Zoning Board of Appeals, and if necessary beyond that, by appeal to a court.”

Attorney Trask requested the Planning Board minutes be corrected to reflect the original statement. 

Councilman Clark motioned to approve the minutes, subject to the correction noted by Attorney Trask, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

ZONING BOARD REPORT: The Zoning Board of Appeals held a Public Hearing on Saturday May 10, 2014. The Public Hearing was held in response to the Appeal filed by the Planning Board with the issuance of a Certificate of Occupancy to Loretto Archery on Mileblock Rd. The Town Board had ignored the recommendations of the Planning Board to deny the application, or amend the law that prohibits it. Minutes of the May 10th Public Hearing were read by Secretary Lynda Ostrowski. The Zoning Board of Appeals approved the Archery and recommended amending the law. Supervisor Pero responded that the Board will look into an addendum to the current law to review at the next Town Board meeting. Councilman Gier motioned to accept the report as read, and was seconded by Councilman Kaczmarek.  5 ayes, o nays.  MOTION CARRIED.

RECREATION DIRECTOR’S REPORT: None presented.  It was noted that interviews for counselors will be conducted on Sunday May 19 at 6:00 PM.

PARKS COMMISSIONER’S REPORT:  Allen Nolan addressed the wet weather as the reason mowing has been delayed.  Councilman Clark questioned the lumber sitting behind the rec building.  Nolan responded that it is for the roof over the ADA bathroom doors.

TOWN HISTORIAN REPORT: Town Historian Patricia Friend was not present.  Supervisor Pero read the minutes of the April 16th Historical Meeting, and mentioned the next meeting is May 21st.  Pero noted the Town Board needs to decide how much they are willing to pay for the publication of the upcoming commemorative 175th anniversary book.   Councilman Clark motioned to a lot a monetary amount towards the publishing of the book.  Supervisor Pero wanted to table until the final needs based on income from paid ads and donations are determined.  No vote was taken on the motion.  

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FIRE DEPARTMENT REPORTS:  No Reports were received.

SENIOR’S REPORT FOR MARCH & APRIL 2014: Councilman Clark read the minutes of the March and April Senior meetings.  Councilman Gier motioned to approve the minutes as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

OLD BUSINESS

APPROVAL TO PAY MIKE AND CAREY ORTIZ STORAGE FEE AND INSURANCE CLAIM FOR FLOOR DAMAGE:  Floor damage insurance claim: $7,721.13 plus $1,000.00 for storage of Town items left behind in garage behind the old Town Hall.  A motion to approve the payment was made by Supervisor Pero who was seconded by Councilman Gier.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

PUBLIC WATER PROJECT/CRA FEASIBILITY STUDY: Supervisor Pero stated he is seeking grants to fund a feasibility study for the proposed water project.

EMPLOYEE HANDBOOK:  Supervisor Pero asked Board members to acknowledge that they had reviewed the new Employee Handbook.  He asked if all were in approval of the Handbook.  No discussion followed his request.  Supervisor Pero then motioned to adopt the new Employee Handbook.  He was seconded by the entire Board.  A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

PROPERTY CLEAN UP PROJECT: Attorney Trask spoke on the “property cleanup” project being proposed by Supervisor Pero.  He stated that it is illegal for a Town to spend public funds to clean up private property and to allow the property owner to pay back the Town over a period of time.  The only legal way is for the Town to adopt legislation regulating property maintenance standards.   The Code Enforcement Officer would give the property owner a chance to comply.  If the property owner does not comply, the Town Board would then issue order to clean up the property.  The property owner would then have an opportunity for a Hearing on the Order. If the property owner still does not clean up the property, the Town Board would, pursuant to the order, contract out clean up services.  The cost of those services would be initially paid by the General Fund, and the Town would then recoup those costs on the next tax bill.

Councilman Clark asked why the current procedure isn’t working.  Trask responded that there is currently no property maintenance law to enforce.  He then added that if the Town does take on the cleanup of an unsafe structure, the structure must be inspected for asbestos.  If asbestos is found, the cost could be up to six figures.  He advised the Town not to adopt the legislation if they don’t have the budget resources to enforce it, or if they aren’t going to enforce it.  Supervisor Pero then stated he doesn’t want to stop discussing ways to end the issue of distressed properties in Town.

Attorney Trask noted the Town could act on the current property in question using their “Unsafe Buildings and Structures” law.  However, he questioned if the Town has the financial resources to do the asbestos study and would it be able to follow through on abatement, if asbestos is found.  There is a risk, as the abatement project could reach six figures.  No action was taken, and the issue will be tabled for now.

PUBLIC HEARING – 8:00 PM  LOCAL LAW #2-2014 – MOTOR VEHICLE TRAFFIC & PARKING – IN BRANT TOWN PARK:  

The Public Hearing legal notice was read aloud by the Town Clerk:

NOTICE OF PUBLIC HEARING
TOWN OF BRANT, NEW YORK
LEGAL NOTICE

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 13th day of May, 2014 at 8:00 P.M. Local Time, for the purpose of considering the adoption of Proposed Local Law No.2-2014  which, if adopted, would regulate motor vehicle use in the Brant Town Park and provide penalties for violations of same.

Copies of the proposed local law are available for review in the office of the Town Clerk and online at [url=http://www.brantny.com/local_laws.php]www.brantny.com/local_laws.php[/url]  All interested parties will be given an opportunity to be heard.
Dated:  April 8, 2014     
Barbara Daniel
Brant Town Clerk

Supervisor Pero motioned to open the Public Hearing at 8:00 pm.  Councilman Gier seconded the motion.  5 ayes, 0 nays.  MOTION CARRIED.

The Law being proposed for adoption tonight is as follows:

A Local Law Regulating Motor Vehicle Use in the Brant Town Park
Town of Brant, County of Erie
Proposed Local Law No. 2 of the year 2014

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF BRANT AS FOLLOWS:

Section 1. Legislative intent

It is the intent of this local law to regulate use of motor vehicles within the Brant Town Park so as to promote public safety and preserve and protect public property from damage.

Section 2. Authority

This local law is adopted pursuant to authority contained in the Town Law and the Vehicle and Traffic Law of the State of New York.
Section 3. Motor Vehicle Regulations for the Brant Town Park

a. No person shall drive any automobile, motorcycle or other motorized vehicle upon any part of the park except for the proper drives and parking areas, or permit the same to stand upon the drive or any part thereof so as to congest traffic or obstruct the drive. Paths established as footpaths or bicycle paths shall not be used for motorized vehicular traffic.

b. No vehicle shall be operated on any road or drive in the park at a speed exceeding 15 miles per hour, unless otherwise posted. The Town shall cause signs to be erected along such roads or drives indicating such speed limits.

c. No person shall park any vehicle or permit any vehicle to remain standing on any lawn or grass area within the Brant Town Park. Parking shall be allowed only within designated parking areas within the Brant Town Park. The Town shall erect suitable signs on roadways and in parking areas, which signs shall indicate where parking, including handicapped parking, is authorized or prohibited.

d. Parking areas are established for the convenience of patrons while using the facilities of the park. It shall be unlawful for any person to park, stop or leave standing any vehicle in any parking area of the park, except during the time he or she remains in the park.

e. The term "parking" as used herein shall be defined as the standing of any vehicle, whether occupied or not, unless standing in obedience to traffic regulations or signals or while actively engaged in loading or unloading.

f. Notwithstanding the foregoing, for special events in the park, the Chief of Police of the Town of Brant is authorized to temporarily allow parking in areas where parking is otherwise prohibited and shall post the areas where such parking will be temporarily permitted.

g. Any person found guilty of violating any provision of this law shall be guilty of an offense punishable by a fine of $50.00 for the first offense; $100.00 for a second offense and $250.00 for any subsequent offense. Additionally, any vehicle parked in violation of this law shall be subject to towing and storage at the owner’s expense, at the discretion of the Brant Police.

Section 4. Severability

If any provision of this local law shall be adjudged by any court of jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined to its operation to the particular provision directly involved in the controversy.

Section 5. Effective date  

This local law shall take effect immediately upon adoption by the Brant Town Board.

Attorney Trask addressed the new law. He stated since the Board was drafting this type of legislation, he added Speed limits to the law. He then advised the Board to be sure to erect proper signage to show regulated areas. Signs must be installed that show prohibited parking areas, as well as permitted parking areas. Speed limit signs are also required. Chief Hepkins stressed the need for proper signage before patrol can enforce. The signs must be easy to understand, and must be of proper size, color, height, etc. If proper signage is not displayed, a defense attorney can challenge a ticket.

No audience members commented. Supervisor Pero motioned to close the Public Hearing at 8:07 pm. Councilman Gier seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

Before the Board could vote on the above Local Law #2-2014, the Town Attorney advised them to adopt the tabled local law #1 from last month’s meeting. He then read the following SEQRA Negative Declaration:

TOWN BOARD OF THE TOWN OF BRANT
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
Negative Declaration (May 12, 2014)

WHEREAS, the Brant Town Board is considering action relative to the adoption of Proposed Local Law No. 1- 2014, which would allow the code enforcement officer to issue temporary permits for utility storage yards in the Town of Brant (hereinafter “Project” or “Action”); and

WHEREAS, the Brant Town Board previously determined that the proposed Action declared itself Lead Agency by resolution dated March 11, 2014 and a public hearing thereon was held on April 8, 2014; and

WHEREAS, the Board made a referral of the proposed Action to the Erie County Department of Environment and Planning pursuant to General Municipal Law Section 239-m and has received no response or comments from such agency; and

WHEREAS, the Board has taken a “hard look” at all potentially adverse environmental impacts pursuant to SEQRA.

NOW, THEREFORE, be it resolved by the Board that:

Based upon the Board’s thorough and careful review of the Action, including the Environmental Assessment Form and all other materials submitted in connection therewith, the Board hereby determines that the Action will not result in any significant environmental impacts and hereby issues a negative declaration for the Action pursuant to SEQRA.

REASONS SUPPORTING THE NEGATIVE DECLARATION:

 1. Air, Water, Noise, Waste, Erosion, Drainage, Site Disturbance Effects:  The Action will not create any permanent adverse change in the existing air quality, water quality or noise levels, nor in solid waste production, nor potential for erosion, nor promote flooding or drainage problems.  

 2. Aesthetics, Agriculture, Archeology, History, Natural or Cultural Resource, Community or Neighborhood Characteristics:  The Action will not adversely affect agricultural, archeological, historical, natural, or cultural recourses.  

 3. Vegetation, Fish, Wildlife, Significant Habitats, Threatened or Endangered Species:  No plant or animal life will be adversely affected by the Action.

 4. Community Plans, Use of Land or Natural Resources:  The Action is not inconsistent with official community plans and goals and will have no adverse effects on land-use or the use of natural resources by or in the community.

 5. Growth, Subsequent Development, etc.:  The Action will not induce any significant or adverse growth or subsequent development.  

 6. Long Term, Short Term, Cumulative, or Other Effects:  The Action will not have any significant adverse long term, short term, cumulative, or other environmental effects.

 7. Critical Environmental Area:  The Action will not have significant impact on any Critical Environmental Area as designated in 6 NYCRR, subdivision 617.14(g).

 8. Public Health and Safety:  The Action will have no immediate impact upon these concerns.

 6 NYCRR § 617.1 states that it is the intention of the SEQR regulation “that a suitable balance of social, economic and environmental factors be incorporated in the planning and decision making of State, regional and local agencies.  It is not the intention of SEQR that environmental factors be the sole consideration in decision making.”

 This Board has considered all of the evidence submitted and has determined that the Action will not have a significant adverse environmental impact on the community.

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When the Town Attorney finished reading the above Negative Declaration, Supervisor Pero motioned to approve it as read, and was seconded by Councilman Clark.  A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays. ADOPTED

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The Brant Town Board then voted to adopt the following Local Law #1 of 2014 as listed below:
 

Local Law No. 1 of the year 2014
Town of Brant, County of Erie

A local law amending Section 161-39.C of the Town of Brant Zoning Code to allow the Code Enforcement Officer to issue temporary permits for Public Utility service or storage yards.

Section 1. Legislative intent

It is the intent of this local law to allow the Town of Brant Code Enforcement Officer to issue special permits allowing public utilities to establish temporary storage or service yards in any district in the Town of Brant.

Section 2. Amendment to Town of Brant Zoning Code Section 161-39.C

Section 161-39.C of the Town of Brant Zoning Code is hereby amended by adding thereto a new paragraph following (4) which reads as follows:
Notwithstanding the foregoing, the Town Board hereby delegates to the Code Enforcement Officer (CEO) authority to issue temporary special permits for service or storage yards required by one or more public utilities for temporary work projects in the vicinity of the proposed service or storage yard site. For purposes of this section, a “temporary work project” shall mean a project which will not exceed six (6) months duration. The CEO shall require the applicant to provide copies of all permits from other agencies and is authorized to set reasonable conditions to mitigate possible impacts on neighboring properties. The CEO will follow the standards set forth above for public utilities, but may waive the requirements for fences and the required buffer strip when such requirements are determined by the CEO as not reasonable or necessary given the temporary character of the service or storage yard and the proximity of the yard to neighboring uses.

Section 3. Severability

If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 4. Effective date

This local law shall take effect immediately upon adoption by the Brant Town Board.

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Councilman Gier then motioned to adopt Local Law #1 of 2014, and was seconded Councilman Kaczmarek.  A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  LOCAL LAW #1 OF 2014 ADOPTED.

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Attorney Trask then advised the Board to vote on the following Local Law #2 of 2014 entitled “A Local Law Regulating Motor Vehicle Use in the Brant Town Park” as previously discussed earlier in the meeting and as presented on pages 178 & 179 above.

Councilman Gier then motioned to adopt Local Law #2 of 2014 entitled “A Local Law Regulating Motor Vehicles Use in the Brant Town Park”, and was seconded Councilman Kaczmarek.  A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  LOCAL LAW #2 OF 2014 ADOPTED

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OLD BUSINESS (CONT’D)

ROUTE 249 RESTRICTED HIGHWAY UNTIL 10/31/14.  Supervisor Pero read correspondence he received informing the Town that Route 249 from the Thruway to Morley Road will be restricted until October 31, 2014. It will be reconstructed under Contract number D262414.  

NEW BUSINESS: 

MEMORIAL DAY SERVICES: A ceremony to honor all deceased war veterans will be held at the Memorial Park in Brant on Monday May 26, 2014 at 9:00 am.

REAPPOINTMENT OF JAMES HOOGE TO BOAR:  Supervisor Pero acknowledged that Mr. Hooge failed to be sworn in within 30 days of his appointment as Chairman of the Board of Assessment and Review.  Therefore, Supervisor Pero motioned to approve the reappointment with a term of October 1, 2013 to Sept 30, 2018.  Councilman Gier seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-abstain.  4 ayes, 0 nays, 1 abstain.  MOTION CARRIED.

APPROVAL OF HEALTH INSURANCE RATES: Supervisor Pero noted the new Blue Cross/Blue Shield health insurance rates.  The new rate for employee and spouse is $1,239.09 with the Town’s share being $1,016.00 and the employee share being $222.43/each. The rates will go down after June 1st to $1,090.67 per month with the Town share being $868.24 and the employee share being $222.43.  Councilman Gier motioned to approve the new rates, and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

APPROVAL OF CONTRACT WITH SKYLIGHTER: Supervisor Pero had a meeting with Matthew Shaw of Skylighter. This contract would provide fireworks for the Brant Summerfest. It would include a banner for the 175th year anniversary of the Town, valued at $150.00. The contract is for a total of $2,150.00 and requires $500.00 down with the balance due by June 21. Councilman DeCarlo motioned to give Supervisor Pero the authority to sign the contract, and was seconded by Councilman Gier. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF CONTRACT WITH RECYCLER “SUN KING” FOR eWASTE: Supervisor Pero spoke to the Board about changing the vendor who takes in our recycled ewaste.  The current vendor RCR charges the Town.  The new proposed vendor does not charge the Town, and also has the State bid.  Councilman Gier motioned to approve the contract with Sun King, and was seconded by Councilman DeCarlo.  A roll call vote was taken: Councilman Gier-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

NEW WAVE ENERGY PROVIDER CONTRACT FOR QUOTE: Supervisor Pero spoke of a meeting he had with Chris Giza.  Giza proposed an energy cost review and will provide the Town with a quoted figure of what his company “New Wave Energy” can save the Town. The Town Attorney recommended that the proposed contract for the energy study contain a 30 days cancellation option.  Supervisor Pero stated that Giza told him that New Wave Energy can save the Town as much as 10% on their supply and delivery costs.  Councilman DeCarlo motioned to approve the contract with a 30 days cancellation option, and was seconded by Councilman Clark.  A roll call vote was taken:  Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

HAZMAN ONE STOP DROP EVENT AUGUST 30, 2014: Supervisor Pero spoke about the possibility of hosting a Hazman event where area residents, and those outside of Brant, can drop off their old oil, old batteries, pesticides, gasoline, propane tanks, etc.  He is looking into obtaining grants that will provide a 50% match on the cost of the event.  He is also looking into joining with other Towns to share in the cost of the remaining 50% of the expense.  Councilman Gier asked for something online for Board review prior to the Board voting on the event

STATE COMPTROLLER AUDIT OF TOWN:  The audit of the Town is complete but the final report has not been received from the Comptroller’s office.  An update of the audit will be noted at next meeting.

INSURANCE AUDIT RESULTS: Supervisor Pero read the letter received from the Insurance Company which contained a list of item to be corrected by the Town.  The list is available in the Supervisor’s office for review.

APPROVAL OF PART-TIME LABORER:  Supervisor Pero made a motion to approve the hiring of Scott Kaczmarek as part-time laborer to work under the direction of Allen Nolan. Councilman Clark asked what rate and what hours.  Supervisor Pero answered 19 hours a week.  Councilman Gier noted that the rate has already been established.  Councilman Gier seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-abstain, Councilman Clark-aye, Councilman DeCarlo-aye.  4 ayes, 0 nays, 1 abstain.   MOTION CARRIED.

APPOINTMENT OF RECREATION STAFF:
CAMP COUNSELORS:
Supervisor Pero read the names of those chosen for employment as Camp Counselors for the 2014 Brant Recreation program:
Aaron Ackley     Rhianna Renaldo 
Jessica Ackley     Hannah Renaldo
Liz Bantle     Rhine Reynolds
Courtney Black     Michaela Stepniak
Jon DeMaria     Rebecca Walden
Darien Evans     Hannah McNamara
Zach Ippolitto     Liz Vipiano
Melanie Linsmair    Bruce Friedenberg
Mike Muffoletto    Dalton Moore
Matt Muffoletto    Ashley Krucz
Melissa Lopez

Councilman Gier motioned to approve the appointment of the above 21 Camp Counselors for the 2014 Recreation year.  Councilman DeCarlo seconded the motion.  A roll call vote was taken: Councilman Gier-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

Supervisor Pero presented two more camp counselor names for approval:

Samantha Gier
Alex Kaczmarek

Supervisor Pero motioned to approve the appointment of 2 additional counselors.  Councilman DeCarlo seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-abstain, Councilman Clark-aye, Councilman Gier-abstain.  5 ayes, 2 abstain, 0 nays.   MOTION CARRIED.

BUS DRIVER APPOINTMENT: 

 Presented for approval were the following Bus Drivers:

Doreen Cheney
Linda Bantle
Dawn Thompson (sub)

Councilman DeCarlo motioned to approve the appointment of the Bus Drivers as listed above.  He was seconded Councilman Clark.  A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye,  Councilman Gier-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

LIFEGUARD APPOINTMENTS:

Presented for appointment were the following Lifeguards:

Bethany Davis (Head Lifeguard)
Zachary Davis
Mackenzie Ciciera
Fred Ball

Supervisor Pero motioned to approve the appointment of the lifeguards as listed above.  Councilman Gier seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.   MOTION CARRIED.

LETTER FROM TRANSPORTATION SUPERVISOR FOR RECREATION BUSES:
Supervisor Pero acknowledged a letter sent from the Town of Brant to the Transportation Supervisor of Lake Shore schools regarding the buses needed for the 2014 Recreation program.  He received a letter regarding his request.  The letter notified the Town of an increase from the .81 cents/mile to .97 cents/mile.  Supervisor Pero stated that he negotiated with the Transportation Supervisor and managed to bring the per mile cost down to .90 cents/mile.

REPORT OF COMMITTEES:

Supervisor Pero asked the Board to approve the purchase of plaques honoring Highway Superintendent Joseph Giambrone (Summerfest) and the now retired Deputy Highway Superintendent William Wesp (retirement).  No vote was taken.  He wanted the Board aware of the purchase.

Supervisor Pero noted that the Town’s Fair Housing Officer, Michelle Hy is attending training.

TOWN BOARD REPORTS:

COUNCILMAN GIER:  Nothing to report

COUNCILMAN KACZMAREK: Had a meeting with Head Lifeguard Bethany Davis.  The Hine family planted the tree to honor the baby lost in the vehicle accident.  Will purchase a Park bench in a few years.

COUNCILMAN CLARK: Nothing to report

COUNCILMAN DeCARLO: Nothing to report

SUPERVISOR PERO: 

Rural Transit: Needs drivers, those interested should contact Lee Brunelli

Summerfest planning: plans are moving along, no rides this year

Solar Panels: He spoke with the State.  We will be getting them

L.E.D. lighting: Lake Shore press conference.  We should experience a return on money 1 to 1. Supervisor Pero will seek Grants to fund the project.

Solar on Buildings: working on efforts to lower costs of electricity

Soil & Water/Consolidated funding App.: Supervisor Pero is seeking Grants to have certain Town roads protected from flooding, etc.

Closing of thruway bridges on Rte. 438 (9/15/14 to 3/6/15) & Milestrip Rd (3/16/14)

CDBG Letter and Agreement:  Supervisor Pero presented a letter and agreement from the CDBG Consortium.  The agreement, if adopted by the Town Board, would renew the agreement for the Town for the Consortium for the 2015 to 2017 period.  Supervisor Pero motioned to approve the agreement, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye.  5 ayes, 0 nays.  MOTION CARRIED.

RECOGNIZED PRIVILEGE OF THE FLOOR:  No one spoke

CORRESPONDENCE: 

Supervisor Pero read the following correspondence:

• Free Rabies Clinic is scheduled for May 21, 2014 and May 28, 2014.  See bulletin board for details.
• Sales Tax revenue 24.76% above 2013
• Letter from Senator Mark Grisanti was read by Supervisor Pero.  Letter is available for those interested in reading it.  The election will be held in November instead of May
• CHIPS Highway funding: deadline will be May 14, 2014.
• Letter from Time Warner
• Letter from Congressman Chris Collins, Blocked EPA over reach on clean water act
• Letter from Lakeshore Boys and Girls Club thanking the Town Board for donation
• Letter from Erie County Water authority regarding the Public Water Inspection, no deficiencies found during inspection
• Governor Cuomo sets aside funding ($790,000) to fight invasive species on agricultural land
• Angola Library fundraiser to be held June 6, 2014 11 am to 2 pm.  Legislator Mills will be present.

Councilman Gier noted that the Town should press for a streetlight to be placed at the corner of Milestrip and Brant Reservation Rd when the area begins to be a detour for the upcoming road repair project. Also, the Town should request the repaving of Brant Reservation Road upon completion of the detour, due the wear and tear on the road from the traffic detour. Supervisor Pero motioned to present the request to the State, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye. 5 ayes, 0 nays. MOTION CARRIED.

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Supervisor Pero read the following Abstract:

Abstract 5 of 2014
*Prepaid and unpaid as of May 13, 2014

Gen Fund Town wide Vouchers pd : 231-243, unpd#244-308 Totaling: $44,340.02
Gen Fund – Part Town Voucher, pd: none, unpd #242, 246, 296, 297  Totaling: $7,882.67
Highway T.W. Vouchers pd: none, unpd#238, 294, 298, 300, 301, 302, Totaling: $4,099.76
Highway P.T. Vouchers, pd: none  Total $1,669.09
Fire Protection: Vouchers: None
Street lighting: Voucher  pd, #305:   $2,628.04
H Capital Projects (DPW): Vouchers # 304 & 304, Totaling: $9,441.30
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: Voucher # 306, Totaling: $1,750.00
Brant Water Dist 1: Voucher: none - Totaling $3,425.00
Special Grant Fund: unpd: None, Totaling: 

General Town Wide Payroll 3/23/14 - 4/19/14 Totaling: $36,685.31
General Part Town Payroll 3/23/14 - 4/19/14  Totaling: $720.04
Highway Payroll TW 3/23/14 - 4/19/14 Totaling: $9,299.04
Highway Payroll PT 3/23/14 - 4/19/14 Totaling: none

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

At 8:52 PM, Supervisor Pero motioned to adjourn asked for a moment of silence in memory of Louie Catalano, Jr, Dan Gernatt, Sr, & David Berk who recently passed away.  A moment of silence was observed. The motion was seconded by the balance of the Board.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk