MINUTES OF THE SEPTEMBER 13, 2016 TOWN BOARD MTG


This Regular Meeting of the Brant Town Board was held on Tuesday, September 13, 2016 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.
 

Leonard Pero Supervisor

Mark DeCarlo Councilman

Donald Clark Councilman

Chad Kaczmarek Councilman

Michael Muffoletto Councilma

William Trask, Sr. Town Attorney

Barbara J. Daniel Town Clerk, Recording Secretary

 

ALSO PRESENT & LEGIBLY SIGNED IN WERE:

 

Ellsworth Nolan

Jamie Nolan

Frank Broughton, Zoning Board chairman

Janice Ross , Planning Board member & Highway clerk

Lynda Ostrowski , Secretary to the Boards

Joseph Ostrowski , Planning Board chairman

Don Hepkins (Police Chief)

James George

Ellen George

Debra Ritz

Brian Rott

Ron Kobel

Janet Bowman (Assessor’s clerk)

Patty Friend (Historian)

Penny Boismenu

Mike Boismenu

Joyce Ellis

Cynthia Smith

 

The meeting opened at 7:30 PM with the pledge of allegiance.

 

Prior to the beginning of the Meeting, Supervisor Pero announced that a special proclamation was to be present to one the Town Residents. Supervisor Pero read the following proclamation:

 

PROCLAMATION FOR ACHIEVEMENT

Ellsworth Nolan

Resident of the Town of Brant

 

WHEREAS, The Brant Town Board recognizes a special resident of our town, that of Mr. Ellsworth

Nolan, who through his actions, courage, heroic skills & selfless determination saved the life of a

drowning child, and

 

WHEREAS, Ellsworth Nolan, has given his exemplary service to our community throughout his time

as a Village of Farnham Volunteer Firefighter, Chief and Superintendent of the DPW, and

 

WHEREAS, The New York State Assembly has recognize him with a certificate of Merit as a 2016 Fire

Fighter of the Year for his heroic actions, and

 

WHEREAS, The Southwestern Association of Volunteer Firemen presented Ellsworth with the 2016

Firefighter of the Year award for his “Saving a Drowning Child”

 

WHEREAS, Ellsworth Nolan through his life saving action has brought about a great honor not only

upon himself but for our entire community, and

 

WHEREAS, the citizens of the Town of Brant & the Village of Farnham do recognize your leadership,

loyalty, & dedicated service and love for our town, and

 

Furthermore, The Town Board and residents of the Town of Brant will applaud you for all of your

achievements and Forever Thank You for all of your devoted years of service that you have unselfishly

given to honor your community, and

 

THEREFORE, SO BE IT PROCLAIMED, By order of the Brant Town Board

 

That Wednesday September 14, 2016 will be recognized in the Town of Brant as:

Ellsworth Nolan Day.

 

All Town residents will honor this day for your dedication to our community!

Supervisor

Leonard K. Pero

 

Councilmen

Chad Kaczmarek

Donald Clark

Mark DeCarlo

Mike Muffoletto

 

Motion made by Supervisor Leonard K. Pero to adopt the above resolution, and was seconded by all board members. 4 ayes, 0 nays. MOTION CARRIED.

 

MINUTE APPROVAL AUGUST 9th REGULAR TOWN BOARD MEETING: Councilman Clark motioned to accept the minutes the August 9th 2016 meeting. Councilman Muffoletto seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.
 

SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Kaczamrek to accept the Supervisor’s July 2016 Financial Report as presented. 5 ayes, 0 nays. MOTION CARRIED.

BUDGET MODIFICATIONS: Supervisor Pero read from his Budget modification per the Town Accountant.

TO:

Leonard Pero, Supervisor, Town of Brant

 

9/6/2016

      

FROM:

Richard A. Gryksa MBA, Town Accountant

  
      

SUBJECT:

Recommended Budget Modification #5 as of Month End:

July 31, 2016

      
 

Please make a resolution at the regular Town Board meeting on September 13th 2016 to approve the

 

following Budget Modifications to the 2016 Adopted Budget for the following Funds:

 
      

Budget

Dec From/

Fund Account

Amount

Modification

(Inc) To

Code

Description

Object

Over Budget

General Fund - Townwide (A)

$ 1,366.00

(DR) Decrease

A1990.4

Contingent Account

Contr Expend

 

$ (1,366.00)

(CR) Increase

A1410.4

Clerk

Contr Expend

$ 1,365.27

 

To correct Budget Mod # 4, increase Town Clerk contractual expenses

 
      

$ 823.00

(DR) Decrease

A1460.11

Records Management-Grants

Pers Serv

 

$ (823.00)

(CR) Increase

A1460.4

Records Management

Contr Expend

$ -

 

To reverse Bud Mods #1, 2 and 3

  
      

$ 190.00

(DR) Decrease

A1680.41

Central Data Processing(LAN System)

Contr Expend

 

$ (190.00)

(CR) Increase

A1680.4

Central Data Processing-Payroll

Contr Expend

$ 189.75

      

$ 1,349.00

(DR) Decrease

A3120.11

Police (Officers & Guards)

Pers Serv

 

$ (1,349.00)

(CR) Increase

A3120.12

Police (Court Bailiff)

Pers Serv

$ 1,348.18

      

$ 4,890.00

(DR) Decrease

A1990.4

Contingent Account

Contr Expend

 

$ (4,890.00)

(CR) Increase

A9050.8

Unemployment Insurance

Employee Benefit

$ 4,889.60

      

$ 13,000.00

(DR) Decrease

A9720.6

Statutory Installment Bonds-Principal

Debt Service

 

(13,000.00)

(CR) Increase

A9785.6

Installment Purchase Debt-Principal

Debt Service

$ (12,999.69)

 

To correct the original 2016 Budget

  
      

General Fund - Part Town (B)

$ 35.00

(DR) Decrease

B8160.4

Refuse & Garbage

Contr Expend

 

$ (35.00)

(CR) Increase

B8010.4

Zoning

Contr Expend

$ 35.00

      

$ 237.00

(DR) Decrease

B8160.4

Refuse & Garbage

Contr Expend

 

$ (237.00)

(CR) Increase

B8011.1

Zoning Board of Appeals

Pers Serv

$ 236.50

      

Highway Part Town (DB)

$ -

(DR) Increase

    

$ -

(CR) Increase

DB5110.4

General Repairs

Contr Expend

$ 11,222.93

 

The amount over budget cannot be resolved at this time.

  

 

 

 

 

 

 

Capital projects fund (H)

  

H7110.2

Parks

Equip & Cap Out

$ 614.22

 

The amount over budget resulted from a write off of uncollectable funds due from the NYS Office of Parks,

 

Recreation & Historic Preservation Grant.

  

 

 

 

 

 

 

 

Councilman Clark motioned to approve the budget mod #5 as presented and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK’S FINANCIAL REPORT: Councilman Kaczmarek motioned to accept the Town Clerk’s July 2016 Regular Financial Report, seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

COURT CLERK’S JULY 2016 FINANCIAL REPORTS FOR JUSTICES BORNGRABER & GIER, REGULAR AND BAIL ACCOUNTS: Councilman DeCarlo made the motion to approve both the bail and regular financial reports of both justices. Councilman Kaczmarek seconded the motion. 5 ayes, 0 nays. MOTION CARRIED.

 

  1. ENFORCEMENT OFFICER’S REPORT: Prior to presenting his August Report, Code Officer Gary Brecker allowed resident Penny Boismenu of Lotus Bay Estate Road address a concern. Her concern was about a recent incident that occurred this summer at a neighboring home. She began by noting a website called AirBND.com where Bed & Breakfasts are advertised. Her neighbor had rented out their home to a large group of people over the course of multiple days. They also left their home during the stay. Penny is not sure if they are operating as a bed and breakfast, but was upset because the noise and entry onto her portion of beach disturbed the comfort and enjoyment of their property. Code Officer Brecker stated he spoke with Attorney Trask who responded that no one can stop them from renting out their home. But a Bed & Breakfast can only operate in a commercial zone. Penny then added that the incident came close to being a private nuisance. Supervisor Pero stated the Town will look into it. Mike Boismenu then voiced his concern that this may be the beginning of an unregulated shared economy which can change the fabric of our private residence and access.

 

The Code officer then gave his August report. He spoke of the abandoned homes in Brant that present hazards to nearby residents. Supervisor Pero asked the Code Officer to make him a list of these properties and he will present them to the County for a new program they are running to take care of these “Zombie Properties”.

Joyce Ellis then asked why no trees have been planted around the Weitsman facility as promised in the past. She stated that it was clearly stated in the Town Board minutes that it was promised by Weitsman but it has not been done yet. Councilman Muffoletto replied that they will be planting “green giants” which are hardy and fast growing tree that grow 4 feet a year. She then complained about the noise and wants to know who she calls about the noise. CEO Brecker responded that he worries about noise when it is after certain hours.

 

Councilman Clark motioned to accept the Code Officer’s report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

DOG CONTROL OFFICER’S AUGUST 2016 REPORT: The August Dog Control officer’s report was presented by the DCO. The report also contained an offer from a town resident to allow the Town to purchase a commercial grade kennel run for $500.00. No action was taken. The DCO reminds the public of upcoming free rabies clinics set for September 14 at EEC North Campus, and Sept 20 in Springville at 405 W Main Street, both from 4 pm to 7 pm. Councilman DeCarlo motioned to approve the report as read, and was seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED.

 

POLICE REPORT AUGUST 2016: The August 2016 police report was read by Police Chief Donald Hepkins. He noted the contract for the plate reader was signed. The reader links to Erie County who will be solely responsible for updates and to clear data. The total price of the unit was $23,310 but we received $4,125 in discounts leaving a balance of $19,185 which will be absorbed by the $20,280 grant. Councilman Clark commended the police department for their thorough investigation into the break-ins which were occurring on Milestrip Road in outdoor buildings and garages recently. Councilman DeCarlo motioned to approve the report as read and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

TOWN CLERK MONTHLY ACTIVITY REPORT FOR AUGUST 2016: The Town Clerk’s monthly activity report for July was read by Clerk Daniel. Councilman DeCarlo motioned approve the report as presented, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.

 

PLANNING BOARD REPORT: Board secretary Lynda Ostrowski read the Planning Board report and presented the Town Board with the recommendations and a proposed law to cover Commercial installation of Solar Panels. Supervisor Pero motioned to accept the report as presented and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.

Councilman Clark motioned to table the Planning Board’s proposed local law governing Commercial Installation of Solar panels until the October meeting. Councilman Muffoletto seconded the motion to table, which will allow Attorney Trask to review what the Planning Board drafted. 5 ayes, 0 nays. MOTION CARRIED.

 

ZONING BOARD REPORT: No Zoning Board meeting was held

 

RECREATION DIRECTOR’S REPORT: Supervisor Pero noted that he will have final figures for the total cost of the Recreation program and pool in October. He noted that an extra week was added to the pool and this will affect the .1 portion of the pool budget a bit.


PARKS COMMISSIONER’S REPORT: Parks Commissioner was Allen Nolan stated that all went well with the closing of rec and pool. As for the CDBG ADA improvement project, the only remaining portion of the job is to install the ceiling on the overhang.

 

TOWN HISTORIAN REPORT: The Town Historian report for the August 17th meeting was presented by Historian Patty Friend. She noted two corrections from previous minutes. One correction noted was the donated card table which was from 1942, not the 1950’s. Also the advertiser should have been Pero Steakhouse, not Pero Farms. She acknowledged multiple donors of historical items. The historian spoke of the Historical Society’s involvement in the recent Farnham Community Days event. September 20th was noted as the next meeting date, and all are welcome to attend. Supervisor Pero motioned to accept the report as read, and was seconded by Councilman Kaczmarek. 5 ayes, 0 nays. MOTION CARRIED.

 

FIRE DEPARTMENT REPORTS: Councilman Clark stated that 2 fires occurred in Brant.

 

SENIOR’S REPORT: The Senior’s meeting report was presented by Secretary Lynda Ostrowski. Councilman Clark motioned to accept the report as read, and was seconded by Councilman Muffoletto. 5 ayes, 0 nays. MOTION CARRIED.

 

OLD BUSINESS:

 

HAND SCAN FOR HIGHWAY GARAGE: Supervisor Pero noted the new hand scanner will be installed on Tuesday the 20th.

 

UPDATE ON SPEED REDUCTION REQUEST FOR MILESTRIP ROAD: Supervisor Pero reminded the Board that he is awaiting word on the Speed reduction request.

 

COTS PURCHASED FOR EMERGENCY USE: Supervisor Pero noted that two cots were purchased to have in the Town Hall in the event of a weather emergency.

 

NEW BUSINESS:

 

PUBLIC NOTICE OF AG DISTRICT ENROLLEMENT: Supervisor Pero read the Legal notice regarding the 30 day window wherein residents who would like to enroll their predominantly viable agricultural property into the Ag District, as permitted by Ag & Markets 303B. The forms are available in the Town Clerk’s Office. The 30 day window will close on September 30th.

 

COURT JUSTICE AUDIT: Supervisor Pero noted that the annual audit of the Justice Courts is due per Section 2019-a. Supervisor Pero requested approval to appoint Joseph Ostrowski to conduct the audit. Councilman Muffoletto seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.

 

JUSTICE COURT ASSISTANCE GRANT APPLICATION: Supervisor Pero read the following resolution:

 

At a regular meeting of the Town Board of the Town of Brant, Erie County, New York, held at the Brant Town Hall, Brant-North Collins Road, Brant, New York 14027 on the 13th day of September, 2016 at 8:30 PM, there were present:

Supervisor Leonard Pero

Councilman Chad Kaczmarek

Councilman Donald Clark

Councilman Mark DeCarlo

Councilman Michael Muffoletto

 

The following resolution was offered by Councilman Kaczmarek of the Town of Brant, who moved for 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 State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 13, 2016 deadline;

 

BE IT RESOLVED: That the Town Board of Brant does hereby authorize the Supervisor to prepare, sign and submit a grant application entitled:

 

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.

 

The resolution was seconded by Councilman Muffoletto. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. RESOLUTION ADOPTED.

 

CDBG PUBLIC HEARING NOTICE: Supervisor Pero motioned to set the Public Hearing for the upcoming CDBG grant suggestions for Tuesday October 11, 2016 at 8:00 PM. The application must be submitted to the Grant writer by October 17. The Town will present 3 suggestions, one of them being funding to Rural Transit. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Muffoletto-aye. 5 ayes, 0 nays.

 

REPORTS OF COMMITTEES: No reports presented.

 

TOWN BOARD REPORTS:

COUNCILMAN KACZMAREK: Working on the sign for the park. The prices range from $5,000 to

$15,000

 

COUNCILMAN CLARK: Nothing to report

 

COUNCILMAN DeCarlo: Nothing to report.

 

COUNCILMAN MUFFOLETTO: Nothing to report

 

SUPERVISOR PERO:

  • Looking into the government funding programs to help with the cost of recycling. He discussed different options the Town may have.
  • Reminder visiting Nurses are coming on October 24th from 10 am to 2 pm at community bldg for flu shots
  • Reminder that the Bookmobile comes every 1st and 3rd Fridays from 5 pm to 8 pm.
  • Reminder that the Solar Panel moratorium expires December 14, 2016
  • Supervisor Pero attended 5 meetings in August

 

RECOGNIZED PRIVILEGE OF THE FLOOR:

Frank Broughton thanked Ellsworth Nolan for saving the child’s life from the drowning incident, mentioning that his own child drowned and has been unable to talk since drowning.

 

Joyce Ellis reminded the Board that Joe Wittenzellner would like a copy of the Weitsman Special Use permit with conditions.

 

Discussion began regarding the Town’s use of Dunkirk Observer. Attorney Trask advised the Board to formally designate the use of the Dunkirk Observer as their Legal Paper for public notices. Supervisor Pero motioned to approve the use of the Dunkirk Observer as one of the Town’s Legal Publications, which will over-ride the one designated in the Organizational meeting. Councilman Muffoletto seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Muffoletto-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 5 ayes, 0 nays. MOTION CARRIED.

 

Patty Friend, Town Historian asked if she could take a picture of the Town Board to be part of an article she is submitting to the Pennysaver.

 

No further discussion.

 

CORRESPONDENCE:

 

  • Sales Tax is up .63% of the corresponding payment received last year, and .25% below last year’s Year to date
  • Waiting for call back from (Charter Communications) Time Warner Mark Meierhoffer
  • Noted that Rural Transit has an opening for Coordinator. Anyone interested in the position can call (716) 472-6065 or mail in a resume.

 

MISCELLANEOUS INFORMATION:

 

  • Supervisor Pero read a letter from Lancaster requesting a show of support for them to expand their operating area. The board chose not to respond to the request.
  • Supervisor Pero acknowledged a report from the D.E.C. regarding a sewer leak at 10205 Erie Road near Big Sister creek at 4:59 PM where it leaked for 7 hours until it was repaired at 11 PM. They estimate that 1806 gallons leaked out in the 7 hours.
  • Erie County Environment and Planning is working on eliminating the use of plastic bags in stores. It is not clear if they will start charging for the bags, or just eliminate them.
  • Angola Library is holding a fundraiser on October 22 at 6:00 PM

 

Supervisor Pero read the following Abstract 9:

 

Abstract 9 of 2016

*Prepaid and unpaid as of 9/13/16 Total Claims $53,324.61

 

Gen Fund Town wide Vouchers Totaling: $29,717.09

Gen Fund – Part Town Voucher Totaling: $15,557.56

Highway T.W. Vouchers Totaling: $3,979.81

Highway P.T. Vouchers, Totaling: $715.55

Fire Protection: Vouchers: Totaling: (SF)$

Street Lighting: Voucher Totaling: $2,186.57

H Capital Projects: Vouchers none, Totaling:

Lotus Bay Sewer Dist. 1: Vouchers: $

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

SW Brant Water Dist 1: Voucher: none – Totaling $

CD Special Grant Fund: unpd: None, Totaling: $1,098.63

 

PAYROLL (2 payrolls):

General Town Wide Payroll 08/07/16 TO 09/02/16 – Totaling $54,312.46

General Part Town Payroll 08/07/16 TO 09/02/16 Totaling: $645.90

Highway Payroll 08/07/16 TO 09/02/16 Totaling: $0

Highway Payroll PT 08/07/16 TO 09/02/16 Totaling: $6,700.04

 

Councilman DeCarlo motioned to approve Abstract 9, seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

 

MOTION TO APPROVE 2 VOUCHERS AS PRE-PAYS ON ABSTRACT 10: Two vouchers arrived after the Abstract 9 was completed. Supervisor Pero asks the Board to approve them to be paid with the prepays on Abstract 10. They are as follows:

· David Sink $300.00 (performing upgrades to Windows 10 & repairing any resulting tech problems with the upgrades such as printers, etc.

· Lakeshore Central School $3,241.20 (Recreation school bus mileage)

 

Councilman Clark motioned to approve the two Vouchers for prepayment with Abstract 10, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Muffoletto-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

 

NEXT TOWN BOARD MTG OCTOBER 11, 2016 AT 7:00 PM (7:30 pm June thru Sept)

 

At 9:06 PM Supervisor Pero motioned to adjourn the meeting in memory of Craig Smith who recently passed away, and hold a moment of silence. He was seconded by the Board. 5 ayes, 0 nays. MEETING ADJOURNED.

 

Respectfully submitted by,

 

Barbara Daniel
Brant Town Clerk