This Regular Meeting of the Brant Town Board was held on Tuesday, December 19, 2017 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
 

Present were:

Leonard Pero Supervisor

Chad Kaczmarek Councilman

Mark DeCarlo Councilman

Barbara Daniel Town Clerk, Recording Secretary

William J Trask, Sr. Town Attorney

Absent was:

Donald Clark Councilman

Michael Muffoletto Councilman

ALSO PRESENT / SIGNED IN WERE:

Brian Rott Resident

Donald Dabrowski Resident

Sandra Austin Deputy Town Clerk

Joe DeCarlo Assessor

Joe Ostrowski Planning Board Chairman

Lynda Ostrowski Planning Board Secretary

Jeffrey Gier Town Justice

Donald Hepkins Chief of Police

Donna Marien Resident

Angela Joy Deputy Clerk/Supervisor’s Secretary
Penny Boismenu Resident

Michael Boismenu Resident

James George Resident

Frank Broughton ZBA Chairman

Brian O’Neil Resident

Nick Burbige Assistant to Bldg Superintendant

Allen Nolan Building Superintendant
Mark Meyerhoffer Spectrum representative

The meeting opened at 7:00 PM with the pledge of allegiance.

MINUTE APPROVAL November 14, 2017 REGULAR TOWN BOARD MEETING: Councilman Kaczmarek motioned to accept the minutes the November 14, 2017 Regular Town Board meeting. Councilman DeCarlo seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.
 

BUDGET MODIFICATION APPROVAL: Supervisor Pero presented the following budget modification #8 of 2017:

Councilman DeCarlo motioned to approve the budget mod #8 of 2017 as presented, and was seconded by Supervisor Pero. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK/TAX COLLECTOR’S OCTOBER 2017 FINANCIAL REPORT: Supervisor Pero motioned to accept the Town Clerk’s October 2017 Regular Financial Report, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S OCTOBER 2017 FINANCIAL REPORTS FOR JUSTICE GIER, REGULAR AND BAIL ACCOUNTS: Councilman DeCarlo motioned to approve both accounts for Justice Gier, bail and regular financial reports, was seconded by Councilman Kaczmarek. 3 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S NOVEMBER REPORT: CEO Gary Brecker presented his report for November 2017. Councilman DeCarlo then motioned to approve the Code Enforcement Officer’s report for November. Councilman Kaczmarek seconded the motion. 3 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S OCTOBER 2017 REPORT: The October dog report was presented by DCO Barbara Daniel. She asks the Board to allow her to table her November report until December. Supervisor Pero motioned to approve the report as read, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT NOVEMBER 2017: The November 2017 police report was presented by Police Chief Donald Hepkins. Councilman Kaczmarek motioned to accept the report as read, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

Police Chief Donald Hepkins then requested the Board approve the purchase of a new computer for the new 2017 police car. He stated there is a grant that will pay for the purchase, but the Town must first pay for it, then request reimbursement. The requirement is that the Town obtains three bids. Supervisor Pero then motioned to approve the purchase of the new computer. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye. 3 ayes, 0 nays. MOTION CARRIED.

HIGHWAY SUPERINTENDENT’S NOVEMBER REPORT: Councilman DeCarlo presented the Highway report for November 2017. Supervisor Pero motioned to approve the report as read, seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR NOVEMBER: The Town Clerk’s monthly activity report for November was presented by the Town Clerk. Councilman Kaczmarek then motioned to approve the Town Clerk’s report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: No meeting was held in November

ZONING BOARD REPORT: No meeting was held in November

RECREATION DIRECTOR’S REPORT: Councilman Kaczmarek noted that he is working on the installation of the ice skating rink.

PARKS COMMISSIONER’S REPORT: Councilman Kaczmarek held up the multiple page November report from Parks Commissioner Allen Nolan. He noted that anyone wishing to view the report is welcome to do so. No vote was taken to approve the report.

TOWN HISTORIAN REPORT: Supervisor Pero presented the October Historical report. It was noted that the Historical books for Farnham and Brant are still available for purchase at $25.00 each. Councilman Kaczmarek motioned to approve the report as presented, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: Councilman Kaczmarek read the Fire Department report from his cell phone. No copy of the report was available to be recorded by the Town Clerk.

Acknowledgement of invited guests and Presenters: Brenda from Rural Transit commended Supervisor Pero for his dedication assisting with the van service. She then presented him with an award. He thanked her for the opportunity to serve.

OLD BUSINESS:

ADOPTION OF NEW FRANCHISE AGREEMENT WITH SPECTRUM/CHARTER COMMUNICATIONS: Supervisor Pero thanked Mark Meyerhoffer for his efforts to bring expansion of cable service to the Town of Brant. He then invited the rep to speak. Mark thanked Supervisor Pero for pushing the issue of cable expansion in the Town. He noted that Supervisor Pero took him around in his truck encouraging expansion in areas most in need. He noted that the Town currently has 45% Cable service at the moment, and he projected in the near future, coverage will be approximately 75%.

Supervisor Pero then asked the Board to authorize him to sign the fifteen year Franchise Agreement with Spectrum/Charter Communications. Councilman Kaczmarek motioned to authorize the Supervisor to sign the new fifteen year Franchise Agreement. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS:

1. Spectrum Enterprise: Spectrum Rep Mark Meyerhofer announced that Spectrum (Charter) will be upgrading to all-digital service in 2018, requiring the installation of a new digital box to replace old equipment. Once the update is complete, customers who didn’t get upgraded to the digital equipment will lose service. There was talk about the Town losing their free cable television at the Highway and Town Hall, but Charter rep Mark Meyerhoffer secured the free service to coincide with the new Franchise Agreement. Also, the Town will not be required to pay for the digital boxes. Mike Boismenu asked how Charter will be impacted by “Net Neutrality”. [Clerk’s Note: Net neutrality means a service provider remain completely detached (neutral) from what information is sent over their networks; no bit of information shall be prioritized over another.] Frank Broughton had questions about the Internet speeds. Mark Meyerhofer denied that Spectrum would be “capping” speeds (an industry-wide practice) or blocking sites. Mr. Meyerhoffer also advised customers to contact them about slow internet speeds because they are not permitted to make changes to a customer’s account with their request or permission.
2. Chief Hepkins Health Insurance Increase: The Town was informed that effective January 1, 2018, Chief Hepkins’ health insurance premium will increase by $58.80 per month. Supervisor Pero motioned that the Town pay the increase, for a monthly premium of $324.22. A roll call vote was taken: Supervisor Pero: Aye; Councilman DeCarlo-Aye; Councilman Kaczmarek-Aye. 3 Ayes, 0 Nays. MOTION CARRIED.
3. Town of Amherst Bicentennial Resolution request: The Supervisor read an email from the Amherst Town Clerk requesting an email greeting be sent to the Town of Amherst to help them kickoff their upcoming 2018 Bicentennial. The email:

“The Town of Amherst will officially kickoff the Bicentennial on Tuesday, January 2^nd with a gigantic Birthday Cake and the presentation of Proclamations and Greetings from elected officials and municipalities throughout the world. It is the hope of the Bicentennial Commission to collect 200 Greetings to help celebrate 200 years!!”

Supervisor Pero read the resolution to be emailed to the Town of Amherst in recognition of their celebration:

RESOLUTION TO COMMEMORATE TOWN OF AMHERST 200 YEAR BICENTENNIAL CELEBRATION

WHEREAS, The Town of Amherst, New York celebrates its Bicentennial in the year of 2018 and it is fitting to recognize the Town of Amherst on the occasion of this special milestone and to applaud its distinguished history; and

WHEREAS, The Town of Amherst was officially created on April 10, 1818 from part of the town of Buffalo (later known as the city of Buffalo), has a total area of 53.28 square miles, is the largest Town in Erie County, New York and includes the Village of Williamsville as well as the hamlets of Eggertsville, Getzville, Snyder, Swormville and East Amherst; and

WHEREAS, In the nineteenth century Amherst was a prosperous farming community with seven grist mills, several saw mills, a tannery and boot and shoe factory and two forges with commercial activity centered in Williamsville; and

WHEREAS, The Town grew from being primarily a farming community to an urban community in the twentieth century with the creation of new subdivisions, the building of the University of Buffalo Campus in Amherst and the location of the Millard Fillmore Suburban Hospital within the Town; and

WHEREAS, The Town today is comprised of 125,000 residents and provides many facilities and attractions including: a four rink recreational facility that attracts national and international ice tournaments, a state of the art senior center, three libraries, and a State Park; and

WHEREAS, The Town of Amherst will proudly mark its 200th Anniversary with a series of celebrations throughout its Bicentennial Year, beginning on January 1, 2018 with a 200th Birthday Party, and continuing with a gigantic Parade, historic walking tours, slogan contest, Interclub Service Club Luncheon and gala Bicentennial Ball; and

WHEREAS, In recognition of the Town of Amherst's rich history and enduring contributions, it is indeed an honor to pay tribute to this Town upon the occasion of its Bicentennial; now, therefore, be it

RESOLVED, That congratulations are sent to the Town of Amherst on their Bicentennial and the Town and its residents are to be enthusiastically recognized as they celebrate this auspicious occasion; and be it further

RESOLVED, That a copy of this Resolution, suitably engrossed, be transmitted from the Town of Brant to the Town of Amherst Bicentennial Commission.

Supervisor Pero motioned to adopt the resolution, seconded by Councilman Kaczmarek:

A roll call vote was taken:

Supervisor Pero Aye

Councilman Kaczmarek Aye

Councilman DeCarlo Aye

                                               AYES: 3 NOES: 0 ABSENT: 2           RESOLUTION ADOPTED

COMMITTEE REPORTS: Nothing to report

TOWN BOARD REPORTS:

Councilman Kaczmarek: Nothing to report

Councilman Clark: Absent

Councilman DeCarlo: Nothing to report

Councilman Muffoletto: Absent

Supervisor Pero:

DOG SHELTER GRANT: Discussion regarding the opportunity presented to the Town to obtain a Grant to build a dog shelter. After much discussion Supervisor Pero asked Supervisor elect Mark DeCarlo what he would like to do. In the end, the Board decided to decline the opportunity for a number of reasons. Two reasons were lack of time to get bids and because the project would require an Archeological study of the ground beneath the build location.

• HEATER FOR POLICE GARAGE: Supervisor Pero brought up the fact that the Police garage needs a heater, both for the safety and comfort of the police, and for the police vehicles especially at this time of year. Supervisor Pero motioned that Allen Nolan purchase and install an insulated heater for the Police garage, as long as the cost is under $1,000.00. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-Aye. Councilman DeCarlo-Aye, Councilman Kaczmarek-Aye, 3 Ayes, 0 Nays. MOTION CARRIED.

•  

• PLAQUES AND AWARDS STOLEN FROM SUPERVISOR’S OFFICE: Supervisor Pero spoke of items missing from his office. He expressed disappointment since the items stolen were awards and plaques he had received throughout his terms.

   

• TOWN DECISIONS VIA EMAIL: Supervisor Pero admonished the Board members for making Town decisions via email saying they are violating the Open Meetings law.

   

EMAILS FROM COUNCILMEN MUFFOLETTO AND CLARK: Supervisor Pero addressed emails he received from Councilmen Muffoletto and Clark stating they could not attend the meeting. In his email, Muffoletto noted that he would not be attending the meeting because the Supervisor changed the meeting date (originally the 12^th) to the December 19^th without asking anyone first. Supervisor Pero responded the Supervisor sets the meeting dates and needs no one’s permission.

He then addressed a comment from Councilman Clark in the second email between the two. In it he stated he “would be unable to attend the meeting, but please record the meeting for entertainment purposes”. Supervisor Pero then responded that Councilman Clark has missed 5 meetings this year which translates to $1,990.50 in salary

which he did nothing for.

PRIVILEGE OF THE FLOOR: Resident Joe Ostrowski expressed concern that the Town’s budget may have gone over the amount allowed by the Tax Cap by adopting a budget that increased 1.96%. Supervisor Pero then explained that since he had kept the budget below the Tax Cap over the years, the Town received a credit from NYS that kept them below the tax cap, even if it had exceeded the recent 1.84% cap.

Frank Broughton of Brant Road explained how Debra Ritz had encouraged him to get involved in Town Politics in 2009 and attend meetings. He added that it has been an educational experience and he thanked Pero for allowing him to serve the Town.

Town Attorney William Trask of Milestrip Rd congratulated Councilman Kaczmarek on being elected as Town Justice and wished him good luck. He then thanked Supervisor Pero for his hard work on behalf of the Town and noted that he is impressed on his growth as statesman within the County. He commended Pero’s passion about the importance of local government as being the government closest to the people. He noted the high level of respect local leaders in other communities have for him without regard to political affiliation.

Pero responded that he has a deep love for the Town of Brant and is grateful that God gave him the ability to do what he does. He then went on to thank those who he worked with:

Tonight, at his last meeting, the Council Members presented Supervisor Pero with a commemorative photo-plaque given in appreciation of his many years of leadership and devotion serving the residents of the Town of Brant as Town Supervisor.

Supervisor Pero first thanked God for the opportunity to serve the Town of Brant and all the residents, whom he loves and who will always be in his heart, and was honored to serve.

He went on to thank the following people:

Grounds and Buildings Supervisor Allen Nolan: He stated that Allen was his right hand

Maintenance worker Nick Burbige: Does a great job helping Allen. Took over the Electronics and tire recycling when asked to do so and he should get a raise.

Town Clerk Barbara Daniel: Always there to help when he needed

Deputy Clerk Angela Joy: Jumped in to help when he lost his secretary after a two day notice

Deputy Clerk Sandra Austin: Commended her quick ability to learn the job

Code Enforcement Officer Gary Brecker: Acknowledged the flack he’s taken over the yrs and thanked him doing such a tough job.

Police Chief Donald Hepkins: Thank the chief for coming on Board when he did

Lieutenant Mark Slawek, and Officers Rick & John Lopez: Thanked the three from Buffalo great job

Town Attorney Bill Trask: Thanked him for helping Town make tough decisions for the people

Highway Superintendent Joe Giambrone and Butch Kijek: Thanked for the great job on the Roads

Town Assessor Joe DeCarlo and Assessor’s Clerk Janet Bowman: Been there from the beginning doing a

great job.

Planning Board Chairman Joe Ostrowski , Linda Ostrowski: Noted that Joe is the best Planning Board

chairman since he himself was the Chairman. He commended the research he does for the Planning Board. He also thanked Lynda for all her hard work.

Janice Ross Highway Secretary: Thanked her for doing a great job getting CHIPS money for the Town.

ZBA Chairman Frank Broughton: Does a great job researching for the Zoning Board.

Vincent Fininzio and the Recreation Department: the Rec. program is well run by Vinny.

Court Clerks and Town Justice Jeff Gier: Thanked Justice Gier for picking up the workload following the deaths of Justices Gugino, Crouse and Borngraber. He also commended his years of dedication to the Town as Councilman. He then thanked the Court Clerk’s for all their hard work.

Newly elected Council Person Donna Marien: Welcomed her aboard and advised her to do things with Community in mind.

Supervisor-elect Mark DeCarlo: He wished him luck and reminded him that he is always available if he needs anything. He added that he has to make decisions for the people. It is not about any one person, or group. It’s about what is best for the Town.

Supervisor Pero asked if he forgot anyone. Attorney Trask reminded him to make a mention of Dan Kujawinski who just had heart surgery. Supervisor Pero then reminisced the days when Kujawinski was on the Board and he liked working with Dan. He then noted the need to eliminate party lines and work together once in office.

Supervisor Pero noted that Clark Borngraber kept him straight and really cared about the Town.

Debbie Ritz attends ever meeting because she too cares about the Town and he has to give her credit for that.

He then thanked Councilman Kaczmarek (Town Justice-Elect) for all his support. He noted that Chad has always been there to help him and has visited his office to speak with him. Pero stated he was going to make a great Judge and will partner well with Justice Gier.

To conclude, he finished by thanking the residents of the Town of Brant for allowing him to serve them. He reminisced about his father who ran against Walden Krull, Nick Burbige’s great-grandfather, and lost by one or two votes. Therefore, when he won, he told his father it was for him.

Councilman Kaczmarek then stood and presented Supervisor Pero with a plaque from the Town Board which read:

“Town of Brant, presented to Leonard K Pero in appreciate of your many years leaders ship and devotion serving the residents of the Town of Brant as Supervisor, Town Councilman, Chairman of the Planning Board and the sixth honored inductee on Brant’s Wall of Fame. You made our town proud when, in recognition of your hard work and dedication to community, you also received the prestigious Citizen of the Year Award in 2015. A heartfelt thank you from all of us.”

MEETINGS AND CORRESPONDENCE:

Sales Tax 24.90% higher than the corresponding 2016 payment

• Letter from Charter Communications regarding costs
• Email from Debra Ritz. Supervisor Pero allowed Councilman Kaczmarek to respond to an emailed question regarding the agreement between the Town of Brant and the Lake Shore Youth groups who use the Recreation Building. The agreement, executed February 11, 2014 contained a requirement for the Lake Shore Youth Tumbling Program to be responsible for providing heat and utilities for the building during the times they use them:

Councilman Kaczmarek responded to the email. He stated that the tumbling program ran two years from the spring of 2014 into 2015. He clarified that the wrestling is not Lake Shore Football. Wrestling was a program run by Joe Catalano and Lake Shore School. He then stated that he had brought up the use of the building for wrestling to the Board and they were all ok with it. He continued to explain that during a meeting where the Town Board was setting appointments, it was discussed that the buildings can be used by non-profit groups from the Town of Brant such as the Republican and Democratic Committees, the churches, and non-profits at no cost. The tumbling program ran from December thru March, five nights per week. He added that when he grew up, there was winter and summer recreation. He went on to confirm that the obligations pertaining to the 2014 agreement for the Tumbling program were honored. He explained that years back they never kept the heat on in the rec bldg and the floor heaved and it cost $100,000 to repair the damage, so you have to leave heat on. The Tumbling program no longer use the rec bldg, but Wrestling and Youth football do. He went on to say that allowing the youth to use the building in winter is a cheap way to give them something to do in the winter. He stated that LSYF pays for the electric on the concession stand that now belongs to the Town, along with 2 streetlights at the back of the park and the field lights. He then held up a copy of the electric bill for review by anyone interested. He also addressed the question about the use of ATV’s in the park and noted that he uses his to pick up trash at the park. He then added that the Town pays for the care of the baseball diamond and markings, where LSYF cares for their own field.

Supervisor Pero then stated he felt the cost is worth it to provide a place for the children. He stated that Lake Shore Youth Football has brought recognition to the Town.

Jefferson Thomas, a resident of Brant thanked the Board for the programs held at the Rec bldg which kept his sons busy. They are now Varsity Football placers at St. Frances.

APPROVAL OF ABSTRACT 12:

Supervisor Pero read the abstract:

Abstract 12 of 2017

*Prepaid and unpaid as of 12/19/17 Total Claims $213,676.05

Gen Fund Town wide Vouchers Totaling: $119,072.76

Gen Fund – Part Town Voucher Totaling: $8,313.15

Highway T.W. Vouchers Totaling: $15,882.46

Highway P.T. Vouchers, Totaling: $4,084.39

Fire Protection: Vouchers: Totaling: $63,542.50

Street Lighting: Voucher Totaling: $2,780.79

H Capital Projects: Vouchers Totaling: $0

Lotus Bay Sewer Dist. 1: Vouchers: $0

Brant Farnham Sewer Dist: Vouchers Totaling: $0

Brant Water Dist 1: Voucher: Totaling

Special Grant Fund: Totaling: $0

PAYROLL (2 payrolls):

General Town Wide Payroll 10/29/17 TO 11/25/17 – Totaling $42,465.58

General Part Town Payroll 10/29/17 TO 11/25/17 Totaling: $975.31

Highway Payroll TW 10/29/17 TO 11/25/17 Totaling: $9,451.22

Highway Payroll PT 10/29/17 TO 11/25/17 Totaling: $0

The Town Clerk also presented two vouchers to be approved for prepayment on Abstract 13. They are:

1. Quill Office Supplies: $156.64

2. Staples Office Supplies $480.09 (Shredder)

   Councilman Kaczmarek motioned to approve Abstract 12, seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kacazmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARRIED.
   
   The next Town Board meetings will be Tuesday, January 2^nd, 2018 at 6:30 PM (Organizational mtg) and Tuesday January 9^th at 7:00 PM (First regular Meeting).

    

At 8:53 PM, a moment of silence was held for those who passed away in 2017:

Brian Morin

Charles (Chuck) Allessi

John Arrigo

Dan Williams

Linda Muscato

Jerry Faltus

Clark Borngraber

Louis Asboth

Helen Catalano

Oliver Fossett

Caitlin Burbige

Linda Joy

Bertha Notaro

Tony Quagliano

Betty Asboth

Following the moment of silence, Councilmen Kaczmarek, DeCarlo and Supervisor Pero motioned to adjourn Supervisor Pero’s last meeting. Pero noted this is Lenny Midnight, signing off. Councilmen Kaczmarek and DeCarlo, and Supervisor Pero seconded the motion. 3 ayes, 0 nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk