This Regular Meeting of the Brant Town Board was held on Tuesday, September 9, 2014 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.

PRESENT WERE:

Leonard K. Pero, Supervisor
Chad Kaczmarek, Councilman
Jeffrey Gier, Councilman
Donald Clark, 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, Secretary to the Boards
Donald Hepkins, Chief of Police
Joseph DeCarlo, Assessor
Janet Bowman, Assessor’s clerk
Patty Friend, Town Historian
Ronald Kobel, resident
Lee Brunelli, resident
Debra Ritz, resident
Brian Rott, resident
Karl Simmeth, Representative of David DiPietro
Joseph Giambrone, Hwy. Superintendent
Brian Campbell, SUN reporter

The meeting opened at 7:30 PM with a pledge to the flag.  

MINUTE APPROVAL AUGUST 12, 2014 Regular Town Board meeting.  Councilman DeCarlo noted that Councilman Clark was not listed as present at the August meeting.  A correction to the minutes will be made by the Clerk.  Councilman Gier motioned to accept the minutes of the August 12th, 2014 and was seconded by Councilman DeCarlo.  5 ayes, 0 nays. MOTION CARRIED. 

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

COURT CLERK’S JULY 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Kaczmarek and Gier made the motion to approve, and both seconded the motion to accept both reports for July 2014 Financial Reports for the Bail and Regular account.  5 ayes, 0 nays.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code officer Gary Brecker presented his August Report.   He noted a meeting scheduled for the Planning Board to review the fence issue at Lotus Bay.  Supervisor Pero motioned to approve the report as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

DOG CONTROL OFFICER’S JULY AND AUGUST 2014 REPORT:  Dog Control Officer Barbara Daniel presented her July and August Dog Report.  Her July report was tabled last month.  Councilman Gier motioned to accept both reports as read, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT AUGUST 2014: The August 2014 police report was read by Chief Donald Hepkins.   
Supervisor Pero asked the chief to look into a streetlight problem on Ellis Road.  Chief Hepkins stated he will look into it. 
APPROVAL OF POLICE REPORT AS PRESENTED: Supervisor Pero then moved to accept the August Police report, and was seconded by Councilman Kaczmarek.  5 ayes, 0 nays. MOTION CARRIED.

Chief Hepkins then asked the Board to appoint 21 year old Patrick J. O’Donnell as a part-time patrolman.  Granting him the title will allow him to attend training at the Police Academy.  He will work for the Town for no pay until he graduates. 

APPOINTMENT OF PATRICK J. O’DONNELL AS PART TIME PATROLMAN: Supervisor Pero motioned to approve the appointment of Patrick J. O’Donnell as Part-time Patrolman.  He 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.

SET PAY SCALE FOR PREVIOUSLY APPOINTED OFFICER MICHAEL PETRITZ: Supervisor Pero noted that a pay amount was not set for Officer Michael Petritz at the August meeting when he was appointed.  The pay rate will be set tonight, retro-active to his original appointment in August.  The rate will be $15.20/hour for the first six months and will increase to $15.70 after six months.  Supervisor Pero moved to approve the pay rate, 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.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR AUGUST 2014: The Town Clerk’s monthly activity report for August 2014 was read by Clerk Daniel.  Her report led to discussions:

APPROVAL OF AGREEMENT WITH SNI EARLY CHILDHOOD DEVELOPMENT: The Clerk’s report reminded the Board to revisit the proposed agreement requested by the Seneca Nation Early Childhood Development, which was tabled last month.  They had requested the use of the Town Hall parking lot as a drop off and pickup location for some of their students who come from distances too far for the Seneca Buses.  The lot would allow parents to bring children to catch their bus in the parking lot.  Because the Town Attorney advised the Town to obtain a “Hold Harmless” agreement, the vote was delayed.  The Town Clerk asks the Board to approve the agreement provided the SNI follow through on the items requested. Attorney Trask asked if the Nation handles its own buses, or is there also a Busing company who needs to be also included in the Hold Harmless agreement.  Pero stated there is no other busing agent.

Councilman DeCarlo motioned to authorize the Supervisor to sign the agreement from SNI Early Childhood Development.  He 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.

DISCUSSION ON SOCIAL MEDIA PAGE (FACEBOOK PAGE FOR TOWN): Her report also requested the Board to consider the allowance of an official Town of Brant page that can be used as a way to notify Town residents of upcoming events, Town Hall and road closings due to weather, Town emergencies, etc. The Town clerk asked the Boards opinion about posting Agenda items to the Facebook page. Attorney Trask advised the Board to look into the adoption of a Social Media Policy for any Town sponsored Official pages. Resident Debra Ritz informed the Board that any postings should be approved before they are published. She added that Facebook allows those in charge of the page to set security settings for anyone who wishes to post, which will send a request for approval to several users to approve before the post becomes public. The Town Clerk will look into obtaining a Social Media Policy.

APPROVAL OF TOWN CLERK’S REPORT: Councilman Gier moved to accept the report as read, and was seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

PLANNING BOARD REPORT:  Planning Board secretary Lynda Ostrowski read the minutes of the August 26th Planning Board meeting.  Attorney Trask noted that the SEQR application mentioned in the minutes has not yet been filed.  Councilman DeCarlo motioned to approve the report as presented, and was seconded by Councilman Gier.  5 ayes, 0 nays.  MOTION CARRIED.

ZONING BOARD REPORT:  No meeting was held.

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT:  Nothing to report

TOWN HISTORIAN REPORT: The July and August minutes of the Historical Society were read by Historian Patty Friend.  Attorney Trask suggested the Town add a Town Historian page to the website.  Town clerk will look into adding a page.  [clerk’s note: It will require working with ISG, as adding new pages that utilize the “P” Machine requires special skills].

SPECIAL THANK YOU: At the suggestion of Councilman Clark, a special Thank You will be extended to Historian Patty Friend for her exhaustive efforts in the creation of the new 175th Anniversary book.  A motion was made by Councilman Clark, and was seconded by the balance of the Board.  5 ayes, 0 nays.  MOTION CARRIED.

APPROVAL OF TOWN HISTORIAN REPORT FOR JULY AND AUGUST:   Councilman Gier motioned to approve the Historian Report as read, seconded by Councilman DeCarlo.  5 ayes, 0 nays.  MOTION CARRIED.

FIRE DEPARTMENT REPORTS:  Councilman Gier noted the receipt of Farnham’s Reports from September 2013 to June of 2014.  They are available for those interested in viewing them.

SENIOR’S REPORT FOR AUGUST 2014: No Senior report received.

OLD BUSINESS:

EXIT MEETING WITH NYS COMPTROLLER’S AUDITOR JASON:  Supervisor Pero noted he had a meeting with the NYS Auditor Jason.  The Supervisor is now working with Courts to produce a corrective action plan.  The corrective action plan is required within 90 days.  

ADDENDUM TO AG DISTRICT PERMITTED USE LAW:  Supervisor Pero noted that the SEQR is almost complete.  Supervisor Pero handed the partially completed SEQR to Attorney Trask to review during the meeting.

HAZARDOUS WASTE “ONE STOP HAZMAN EVENT” RESULTS:  Supervisor Pero addressed the recent Hazman Hazardous Waste event.  He stated it was a huge success.  70 Town Residents participated and 10 nonresidents participated.  The event resulted in the disposal of 13,588 pounds of Hazardous materials.  Supervisor Pero was told by Hazman that since the collection resulted in over 6 tons, the price may go up.  But she added that so will the grant.  Councilman Gier noted that it was money well spent.

2008 SUV EXPEDITION TO BE PUT ONLINE FOR SALE: Supervisor Pero asked the Board to authorize him to sign the contract with “Auction International” to sell the 2008 Expedition.  The contract requires a 10% commission to be paid to the Auction site.  Bids can be refused.  There is no other fee to the Town.  Councilman DeCarlo motioned to authorize the Supervisor to sign the contract.  Councilman Kaczmarek seconded the motion.  A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye, Supervisor Pero-aye.  5 ayes, 0 nays.  MOTION CARRIED.

RENTAL OF WATER PURIFICATION SYSTEMS: The rental units are scheduled to be installed tomorrow (9/10/14).

NEW BUSINESS:

HONORING JUSTICE LINDA CROUSE ON SEPTEMBER 20, 2014: Supervisor Pero noted that the time of Justice Crouse’s Celebration of Life memorial service will be changed to 4:00 pm. [Clerk’s note: The date later had to be changed to September 27, 2014 due to the unavailability of caterers).

He then read the Proclamation that will be presented at the memorial:

WHEREAS, Linda J. Crouse was a lifelong resident of the Town of Brant. 

WHEREAS, The Brant Town Board recognizes Linda J. Crouse for her dedication and compassion for the Town of Brant and her many years of service as Court Clerk & Town Justice. 

WHEREAS, Linda J. Crouse served in this capacity after being appointed in 2002 as court clerk and then elected as Town Justice and served our community from 2008 until her untimely death on July 3, 2014. 

WHEREAS, Linda J. Crouse dedicated her life to our community and was a tireless servant for the people of the Town of Brant. She served this community with her dedication, loyalty and compassion for fairness and honesty.

WHEREAS , On July 3, 2014 Linda J. Crouse died while still a sitting judge serving her position as town justice with a passion to finish what she had committed and promised to our community. 

Furthermore, Linda was a major contributor for the designing of this court room and with great honor and humility the Brant Town Board will forever be thankful for her service. 

THEREFORE, the Brant Town Board proclaims the placing of a plaque on the judicial bench in honor of her devotion to our town and for all to remember her unselfish time spent for our community

SO BE IT PROCLAIMED, By order of the Brant Town Board that on Saturday September 20, 2014 will be Linda J. Crouse day in the Town of Brant and we will so honor Linda for her undying dedication to us with a celebration of life and memorial service. 

All town residents will honor this day for her dedication to our community!

Motion to approve the proclamation was made by Supervisor Leonard K. Pero and seconded by all board members at the September 9, 2014 Town Board Meeting. 5 ayes, 0 nays.  MOTION CARRIED.

LETTER TO D.O.T. TO LOWER SPEED LIMIT ON LOTUS POINT ROAD:  Supervisor Pero read a letter he wants to send the DOT to request the lowering of the speed limit to 45 MPH on Lotus Point Rd.  It is a County Road, and the Country must approve the change.  Supervisor Pero asked the Board to approve him sending the letter.  Councilman Gier motioned to approve the letter, 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.

Supervisor Pero then read the following notice:

PURSUANT TO THE EIGHT-YEAR REVIEW
AGRICULTURAL DISTRICTS 16 (LANCASTER-ALDEN) & 17 (AMHERST)
30-DAY PERIOD FOR PUBLIC REVIEW OF
&
INTO EXISTING AGRICULTURAL DISTRICTS
PREDOMINANTLY VIABLE AGRICULTURAL LANDS
NOTICE OF 30-DAY PERIOD FOR INCLUSION OF
PUBLIC NOTICE

Per New York State Agriculture and Markets Law Section 303-b, the Erie County Legislature designated September 1 through September 30 as the annual thirty-day period during which landowners may submit requests to include predominantly viable agricultural land into any existing certified agricultural district. The Erie County Department of Environment and Planning (DEP) will accept applications for inclusion from September 1 through September 30.

Per New York State Agriculture and Markets Law Section 303-a, the County Legislature is required to review a district eight years after its creation and every eight years thereafter. Agricultural District 16, which encompasses 9,356 acres in the Towns of Lancaster and Alden, was originally established on April 28, 1983. Agricultural District 17, which encompasses 1,475 acres in the Town of Amherst, was originally established on April 25, 1991.
From September 1 through September 30, any municipality whose territory encompasses Agricultural Districts 16 or 17, any State Agency, or any landowner within or adjacent to Districts 16 or 17, may propose a modification.

At the termination of the thirty day period, all proposed modifications will be submitted to the Erie County Agricultural and Farmland Protection Board (AFPB) for review. A public hearing will also be scheduled to consider all modification requests and the recommendations of the AFPB.
Copies of the modification request form have been provided to Municipal Clerks, Assessors, and Chief Elected Officials for distribution to interested landowners. The request form and maps of the Districts will be available in the DEP offices, as well as on the DEP website at [url=http://www.erie.gov/environment]www.erie.gov/environment[/url]

All proposed modifications to Agricultural Districts 16 or 17, and requests for inclusion in any Erie County Agricultural District, must be submitted to DEP between September 1 and September 30, 2014.

CONTACT:
Rachel Chrostowski, Planner
Erie County Environment & Planning
95 Franklin Street, 10th Floor
Buffalo, NY 14202
Phone: (716) 858-8002
Fax: (716) 858-7248
Email: [email]agriculture@erie.gov[/email] 

REPORT OF COMMITTEES:  

Supervisor Pero congratulated Holy Cross Lutheran Church in Farnham for celebrating their 150th year on September 7, 2014.

TOWN BOARD REPORTS:

COUNCILMAN GIER:  Councilman Gier stated he is happy about the sidewalks on Route 249.  

COUNCILMAN KACZMAREK:  Nothing to report

COUNCILMAN CLARK:  Reported that he spoke with the Zoning Board of Appeals chairman, and he feels they have the issue resolved.

COUNCILMAN DeCARLO:  Nothing to report.

SUPERVISOR PERO:  

• Flu shots scheduled for Saturday October 25th from 10 AM to 2 PM at the Sr. Community Bldg.
• The Brantfest meeting will be held on September 22nd at 7:00 PM
• Attended 10 meetings in August

RECOGNIZED PRIVILEGE OF THE FLOOR:  

Resident Patty Friend complimented on the great job that was done to Route 249. 

Supervisor Pero elaborated on the efforts it took to avoid the oil and stone, include a sidewalk, and widen the road. He thanked Senator DiPietro’s Office for the help.

Resident Debra Ritz suggested that the Town Board honor Leah Mirusso who has served the Town for many years. She then suggested the Town consider making industry training  mandatory for Court Clerk’s. She was referring to the items listed in the recent audit.

Resident Ed Dinkuhn expressed disappointment in the fact that 30 year old trees were cut down as an easement for National Grid. He also expressed worry that another utility company (such a as a gas company) can come in and use that same easement to run a gas line. Supervisor Pero acknowledged his complaint and agreed with his frustration. However, there was unfortunately nothing he could do to prevent it.

CORRESPONDENCE: 

Supervisor Pero received the following correspondence:

• Letter from Time Warner regarding their programing
• CDBG, projects, list of rehabs
• Letter from Don Dembowski thanking Supervisor Pero for the paving of Route 5
• Penn Dixie, education center
• Brant Seniors letter regarding handicapped to be able to park at pavilion, and enforce the 10 MPH speed limit in the park
• Angola Library has a fund raiser scheduled for October 25 (tickets are $20 presale and $25.00 at the door.
• Sales Tax is 3.7% above 2013.  And 3.9% above the prior year.
• LEPC: Public Information forum to be held September 17 from 6 to 8 pm for emergency mgmt.
• A Barn Dance will be held on October 4th at 8 pm at the American Legion in Eden

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Supervisor Pero read the following Abstract:

Abstract 9 of 2014
*Prepaid and unpaid as of September 9, 2014

Gen Fund Town wide Vouchers  Totaling: $21,598.11
Gen Fund – Part Town Voucher Totaling: $7,625.51
Highway T.W. Vouchers Totaling: $351.93
Highway P.T. Vouchers, Total $4,981.01
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher  totaling:   $2,156.27
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
Brant Water Dist 1: Voucher: none - Totaling $0
Special Grant Fund: unpd: None, Totaling:$0 

General Town Wide Payroll 7/27/14 - 8/23/14 Totaling: $67,952.74
General Part Town Payroll 7/27/14 - 8/23/14 Totaling: $623.96
Highway Payroll TW 7/27/14 - 8/23/14 Totaling: $1,352.16
Highway Payroll PT 7/27/14 - 8/23/14 Totaling: $6,552.95

Councilman Clark motioned to payment of Abstract 9, and was seconded by Councilman DeCarlo.  A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Supervisor Pero-aye.   5 ayes, 0 nays.  No roll call vote was taken.  MOTION CARRIED.

At 8:41 PM, Councilman Gier motioned to adjourn, and was seconded by Councilman Kaczmarek.  5 ayes, o nays.    MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk