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Minutes for January 13, 2015 Town Board Meeting

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Minutes for January 13, 2015 Town Board Meeting

MINUTES OF THE JANUARY 13, 2015 TOWN BOARD MTG

This Regular Meeting of the Brant Town Board was held on Tuesday, January 13, 2015 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
Donald Clark, Councilman
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary

Absent:
Jeffrey Gier, Councilman (Resigned 12/31/14)

Also present and signed in were:

Lee Brunelli, resident
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Joyce Ellis, resident
Joseph DeCarlo, assessor
Debra Ritz, resident
Brian Rott, resident
Jere Hoisington, Village Trustee
Brian Campbell, SUN reporter

The meeting opened at 7:00 PM with a pledge to the flag.

MINUTE APPROVAL DECEMBER 9, 2014 Regular Town Board meeting. Councilman DeCarlo motioned to accept the minutes of the December 9, 2014 Town Board meeting, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman DeCarlo to accept the Supervisor’s November 2014 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MODS: Supervisor Pero presented his budget modifications:

MEMORANDUM

TO: Leonard Pero, Supervisor, Town of Brant 01/05/15

FROM: Richard A. Gryksa MBA, Town Accountant

SUBJECT: Recommended Budget Modification # 5 as of : November-14

Please make a resolution at the regular Town Board meeting on January 13th, 2015 to approve the
following change(s) to the 2014 Adopted Budget.

Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund – Townwide (A)
$ 67.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (67.00) (CR) Increase A1220.4 Supervisor Contr Expend $ 66.89

$ 1,186.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (1,186.00) (CR) Increase A1355.4 Assessment Contr Expend $ 1,185.75

$ 965.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (965.00) (CR) Increase A1420.4 Law Contr Expend $ 964.69

$ 1,183.00 (DR) Decrease A1621.1 New Town Hall Pers Serv
$ (1,183.00) (CR) Increase A1625.4 Recreation Building Contr Expend $ 1,182.19

$ 1,047.00 (DR) Decrease A1621.1 New Town Hall Pers Serv
$ (1,047.00) (CR) Increase A1670.4 Central Print/Mail Contr Expend $ 1,046.59

$ 72.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (72.00) (CR) Increase A1920.4 Municipal Association Dues Contr Expend $ 72.00

$ 297.00 (DR) Decrease A5132.2 Garage Equip & Cap Out
$ (297.00) (CR) Increase A5010.4 Street Administration Contr Expend $ 296.57

$ 1,612.00 (DR) Decrease A7020.11 Recreation Admin-Winter Program Pers Serv
$ (1,612.00) (CR) Increase A7110.4 Parks Contr Expend $ 1,611.95

$ 169.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefit
$ (169.00) (CR) Increase A7550.4 Celebrations Contr Expend $ 168.92

$ 940.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefit
$ (940.00) (CR) Increase A9060.8 Medical & Dental Insurance Employee Benefit $ 939.70

$ 640.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefit
$ (640.00) (CR) Increase A9901.9 Transfer to Other Funds (Special Grant Fund) $ 639.32
Budget Mod to cover the Town’s share of CDBG ADA Grant.

$ 2,000.00 (DR) Decrease A3650.4 Demolition of Unsafe Buildings Contr Expend
2,000.00 (DR) Decrease A7180.4 Special Recreation Facility Contr Expend
2,500.00 (DR) Decrease A9010.8 State Retirement Employee Benefit
2,469.00 (DR) Decrease A9015.8 Police & Fire Retirement Employee Benefit
$ (8,969.00) (CR) Increase A3989.4 Control of Hazardous Materials Contr Expend $ 8,968.78

Per review of the Supervisor, the above Budget Mod resulted from a transfer of electronic waste
disposal expenses, net of reimbursements, recorded in the (B) Fund because this service was
available to both the Town and Village residents including non-residents.
This expense was not included in the 2014 Budget.

Highway Fund – Townwide (DA)

$ 2,483.00 (DR) Decrease DA9010.8 State Retirement Employee Benefit
$ (2,483.00) (CR) Increase DA5130.4 Machinery Contr Expend $ 2,482.32

$ 350.00 (DR) Decrease DA5140.4 Misc Brush & Weeds Contr Expend
330.00 (DR) Decrease DA5142.4 Snow Removal Contr Expend
$ (680.00) (CR) Increase DA5140.1 Misc Brush & Weeds Pers Serv $ 679.74

Highway Fund – Part Town (DB)

$ 2.00 (DR) Decrease DB9010.8 State Retirement Employee Benefit
$ (2.00) (CR) Increase DB9055.8 Disability Insurance Employee Benefit $ 1.90

Councilman Kaczmarek motioned to approve the Budget Mods as presented. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Supervisor Pero moved to accept the Town Clerk’s November 2014 Financial Report. He was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S NOVEMBER 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Clark made the motion to approve the November 2014 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker had no arrived for the meeting. Supervisor Pero skipped ahead. The CEO’s report will be presented when he arrives.

DOG CONTROL OFFICER’S NOVEMBER AND DECEMBER 2014 REPORTS: Dog Control Officer Barbara Daniel presented her reports for November and December 2014. Supervisor Pero acknowledged a contract he received from the SPCA for sheltering services. Upon their review of the contract, Councilman DeCarlo motioned to table the decision, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

Councilman DeCarlo motioned to accept the Dog Control officer’s reports as presented, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT DECEMBER 2014: The December 2014 police report was read by Councilman DeCarlo.
Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR DECEMBER 2014: The Town Clerk’s monthly activity report for December 2014 was read by Clerk Daniel. She noted in her report that resident Frank Broughton has offered to create a new website for the Town as no charge. The Board would have to approve accepting his offer. Supervisor Pero motioned to approve to allow Frank Broughton to create a new website. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
Councilman DeCarlo moved to accept the Town Clerk’s December Activity report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: Zoning Board secretary Lynda Ostrowski read the minutes of the December 13 ZBA meeting. Councilman Clark motioned to accept the minutes as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski read the minutes of the January 5 Planning Board meeting. The secretary will give the Board members copies of the minutes. Supervisor Pero motioned to approve the report as presented, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT: Nothing to report

TOWN HISTORIAN REPORT: The Town Historian minutes were read by Supervisor Pero. Councilman Kaczmarek motioned to accept the minutes as read, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: No reports were read.

SENIOR’S REPORT: Minutes of the Senior’s meeting held January 7th were read by secretary Lynda Ostrowski. Councilman Clark motioned to accept the minutes as read. He was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

Since it was not yet 8:00 pm (Public Hearing-Ag Law), the Board skipped ahead to No. 2 of Old Business.

OLD BUSINESS:

Supervisor Pero acknowledged the results of Attorney Trask’s research. He notified the Supervisor that the State had not changed their limits, therefore the Town must stay with the 2014 amounts:

PROCUREMENT POLICY GUIDELINES 2 & 3 (Tabled during the Organizational Mtg.):
Guide line 2. All purchases of: goods, supplies or equipment which will exceed $20,000 the fiscal year or (b) public works contracts over $35,000 shall be formally bid pursuant to GML § 103.

Guide line 3. All estimated purchases of goods, supplies or equipment:
— Less than $20,000 but greater than $10,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors.
– Less than $10,000 but greater than $4000 requires an oral request for the goods and oral/fax quotes from two vendors.
— Less than $4000 but greater than $1000 are left to discretion of the Purchaser but all steps taken to solicit prices must be documented in writing by the Purchaser.

All estimated public works contracts of:

— Less than $35,000 but greater than $20,000 require a written request for proposal (RFP) and written/ fax/email quotes from three (3) vendors.

— Less than $20,000 but greater than $5,000 requires a written RFP and written/fax/email proposals from two (2) vendors.

— Less than $5000 but greater than $2500 is left to the discretion of the Purchaser. But all steps taken to solicit prices must be documented in writing by the Purchaser.

Any written RFP shall describe the desired goods or public works services, quantity and the particulars of delivery or completion.
The Purchaser shall compile a list of all vendors from whom written/fax/email/oral quotes have been requested and the written/fax/ email /oral quotes offered.
All information gathered in complying with the procedures of this Guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

Councilman DeCarlo motioned to adopt Guidelines 2 & 3 as adopted in 2014, per attorney Trask. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

2015 RECREATION FEES (Tabled at the Organizational Mtg): Councilman Kaczmarek motioned to keep the recreation fees the same as 2014 fees. Councilman Clark seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

BRANT FARNHAM SENIOR APPOINTMENTS: Supervisor Pero acknowledged the newly elected Senior Officers:
President: Neil Ross
Vice President: Sharon Catalano
Secretary: Lynda Ostrowski
Treasurer: Jeanette Mirusso

JUSTICE COURT AUDIT: The Municipal audit of Brant Justice Court was conducted by the audit committee (Councilman Jeff Gier and Councilman Chad Kaczmarek, along with Joseph Ostrowski). Supervisor Pero stated that the audit report will be presented under New Business.

P.O.W. FLAG PURCHASE: Lee Brunelli informed the Board that Highway Superintendent Joseph Giambrone told him that he does not know where to get P.O.W. flags. VFW doesn’t have them.

NEW BUSINESS:

LETTER OF RESIGNATION FROM COUNCILMAN GIER: Supervisor Pero acknowledged the resignation of Councilman Gier. He acknowledged the tremendous efforts of Mr. Gier as councilman and Deputy Supervisor.

JUSTICE COURT AUDIT: Supervisor Pero read from a letter from the Comptroller’s office regarding the Supervisor’s “plan of Action”. The letter noted that the plan of action did not address the audit report’s recommendation number 2, that “…the Justices should prepare monthly bank reconciliation and an accountability analysis. Promptly take corrective actions for any discrepancies…” Supervisor Pero asked Joseph Ostrowski about their personal review of the audit. He replied that the bank reconciliations were prepared correctly and timely. The only problem he found was that the reconciliations were not signed by the preparer. Supervisor Pero then motioned that the Board acknowledges, by resolution, that an examination of the audit was conducted. Councilman Kaczmarek seconded the motion.
A roll call vote was taken:
Supervisor Pero-aye
Councilman Kaczmarek-aye
Councilman Clark-aye.
Councilman DeCarlo-aye 4 ayes, 0 nays. RESOLUTION ADOPTED.

—————————————————————————————————————————————-
BREAK FOR PUBLIC HEARING (8:00 PM)

The Town Clerk read the legal notice that was advertised in the Hamburg SUN regarding this Public Hearing:

LEGAL NOTICE PUBLIC HEARING JANUARY 13, 2015
LEGAL NOTICE
TOWN OF BRANT, NEW YORK
NOTICE OF PUBLIC HEARING

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 January, 2015 at 8:00 P.M. local time, for the purpose of considering the adoption of Proposed Local Law No. 3 of 2014 which, if adopted, would Amend the Brant Zoning Code Relative to Allowable Uses in the Agricultural (A) Zoning District. Copies of the proposed local law are available for review in the office of the Town Clerk and online at www.brantny.com/local_laws.php All interested parties will be given an opportunity to be heard.

By order of the Brant Town Board

Dated: December 19, 2014
Barbara Daniel
Brant Town Clerk

Supervisor Pero motioned to open the Public Hearing, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

Attorney Trask addressed the letter of response from Erie County Planning Department Mark Lee. The letter noted no objections but for the record, made the following recommendations:

• Board should consider including or excluding certain categories of commercial uses
• Home Sale or Warehouse Distribution may or may not be within your local land uses within the agricultural area
• The Town may want to clarify that the amendment does not supersede the Town’s prohibited uses.
• Storm water, waste water and ground water usage in areas of farmland
• Any proposed commercial uses that would by state or local law would necessitate a particular existing building to be expanded in bulk size or parking area, could be noted in the code amendment as a valid basis in part for further review and potential town conditioning or denial.

At 8:08 PM, Councilman Clark motioned to close the public hearing and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

RETURN TO OLD BUSINESS (item# 1)

ADDENDUM TO CURRENT LAW (AG DISTRICT PERMITTED USE) AND (SEQR)

Supervisor Pero read the SEQR:

TOWN BOARD OF THE TOWN OF BRANT
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
Negative Declaration (January 13, 2015)

WHEREAS, the Brant Town Board is considering action relative to the adoption of Proposed Local Law No. 1- 2015, which would amend the Town of Brant Zoning Code to allow existing buildings and structures within the Agricultural (A) Zoning District in the Town of Brant to be re-purposed for commercial uses upon issuance of a Special Permit (hereinafter “Project” or “Action”); and

WHEREAS, the Brant Town Board previously declared itself Lead Agency by resolution dated November 12, 2014 and a public hearing thereon was held on January 13, 2015; 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 considered all responses and 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.

Councilman Clark motioned to adopt the negative declaration SEQR as read, and to authorize Supervisor Pero to sign the negative declaration. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

The proposed Local Law #3 of 2014, which will now be known as the adopted Local Law #1 of 2015 upon Board vote, was not read aloud, but for the convenience of the reader, is inserted here:

Adopted Local Law No. 1 of the year 2015
Town of Brant, County of Erie

A Local Law Amending the Brant Zoning Code Relative to Allowable Uses in the Agricultural (A) Zoning District

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 permit limited commercial activities which will have minimal impact on agricultural uses and operations and encourage re-use of existing structures within the Agricultural (A) zoning district within the Town of Brant.

Section 2. Authority

This local law is adopted pursuant to authority contained in the Town Law of the State of New York.

Section 3. Zoning Code Amended

Section 161-16 “Special Permit Uses” of the Town of Brant Zoning Code is hereby amended to add the following:
Section 161-16 (C)(3) Commercial Uses in existing buildings which can be re-used or re-purposed for such commercial activities without taking land out of agricultural use or production.

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.

VOTE:

Supervisor Pero motioned to adopted proposed local law #3 of 2014, now known as Adopted Local Law #1 of 2015. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
—————————————————————————————————————————————

NYS ASSOCIATION OF TOWN VOUCHER APPROVAL: Councilman DeCarlo motioned to approve the voucher for 2015 Association of Towns annual dues OF $900.00. Councilman Kaczmarek seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

ASSOCIATION OF ERIE COUNTY GOVERNMENT DUES: Supervisor Pero motioned to approve the payment of $200.00 for annual dues to Association of Erie County Government. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

LONGEVITY PAY APPROVAL: Supervisor Pero requested approval of the Town’s first Longevity payment to nine employees. The amounts are based on their most recent date of hire. They are:
Willa Rosenblatt 31 years $500.00
Joseph DeCarlo 28 years $500.00
John Grennell over 20 years $400.00
Butch Kijek over 15 years $300.00
Mark Reynolds 15 years $300.00
Goldie DeSaverio 15 years $300.00
Janet Bowman 15 years $300.00
Michele Browning 13 years $200.00
Julie Sager 11 years $200.00

Councilman Clark motioned to approve the longevity pay as noted, and was seconded by Supervisor Pero. A roll call vote was taken: Councilman Clark-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

APPROVAL OF PAYMENT OF 50% OF COST TO MAINTAIN/REPAIR THE FARNHAMM WATER TOWER: Supervisor Pero requested approval to pay the Town’s obligation of fifty percent of repairs and maintenance costs which total $5,900 of which the Town is obligated to pay half ($2,950.00). Supervisor Pero motioned to approve the payment, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
REPORTS OF COMMITTEES: No reports

TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Nothing to report.

COUNCILMAN CLARK: Nothing to report

COUNCILMAN DeCARLO: Nothing to report.

SUPERVISOR PERO: Presented the Grant Writer’s report of Grants. Attended 13 meetings in December

RECOGNIZED PRIVILEGE OF THE FLOOR:
Joyce Ellis of Brant Farnham Road asked how a business can just come into Town and be up and running. Do they have to go before the Board? She asked why there is no weight limit posted on Hardpan Road. She is happy they are holding a meeting on Jan. 20. She questioned if the Code Officer Gary Brecker lives in New York. The Code Officer responded he lives in Little Valley. Attorney Trask responded that in 2010, the Town had amended the code to allow him anywhere in Erie County, and in any County Contiguous to Erie County.

Attorney Trask continued that when the new owner made the request for the Special Use Permit on August 26, 2014 he made certain representations in the application. This permit is subject to expire on June 30 of 2015. It is helpful if the neighbors note the differences between how the business is being run by current owner operation, as opposed to the previous owner.

CORRESPONDENCE:

Supervisor Pero received the following correspondence:

• Sales Tax payment for January 1st is 2.39% greater than 2014 corresponding payment. The YTD amount is 3.71% above 2014.
• Letter from Time Warner regarding some of their changes.
• Letter regarding energy meeting upcoming on January 29, 2015 at the Buffalo library

——————————————————————————————————————————————
Supervisor Pero read the following Abstracts:

¬¬¬¬¬¬
Abstract 13 of 2014
*Prepaid and unpaid as of January 13, 2015

Gen Fund Town wide Vouchers Totaling: $19355.30
Gen Fund – Part Town Voucher Totaling: $7,886.35
Highway T.W. Vouchers Totaling: $7,949.29
Highway P.T. Vouchers, Total $0
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $2,861.74
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: $0
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 11/30/14 – 12/27/14 Totaling: $39,971.01
General Part Town Payroll 11/30/14 – 12/27/14 Totaling: $850.04
Highway Payroll TW 11/30/14 – 12/27/14 Totaling: $9,138.13
Highway Payroll PT 11/30/14 – 12/27/14 Totaling: $0

Abstract 1 of 2015
*Prepaid and unpaid as of January 13, 2015

Gen Fund Town wide Vouchers Totaling: $17,457.35
Gen Fund PT. Vouchers Totaling: $7,542.50
Highway Townwide vouchers $3,319.27
Highway Part Town vouchers $200.00

Councilman DeCarlo motioned to approve payment of Abstract 13 of 2014 and Abstract 1 of 2015, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

Next Board meeting will be held February 10, 2015 at 7:00 PM.

At 8:42 PM, Supervisor Pero motioned to adjourn to enter executive session noting that no action will be taken after the executive session. The executive session was called to discuss a legal matter. Councilman Kaczmarek seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero and the entire Board motioned to remember those who passed away in 2014. The entire Board seconded the motion. 4 ayes, 0 nays. MOTION CARRIED. They were as follows:

Supervisor Pero then recapped those who passed away throughout the 2014 year.
January: Jason DeJoy (Councilman Clark’s son in law)
February: Josephine Notaro, Joe Perello
March: Paul Chiavetta, John Herc, Ken Ditcher
April: Mike Trask
May: Louis Catalano Jr., Dan Gernatt Sr.
June: Catherine Mittner (Patty Friend’s mom), MaryAnn Lopez (Officer Rick Lopez’s mom)
July: Justice Linda Crouse, Leah Mirusso
August: Mike Daniel and Billy Sager, Jr.
September: Art Crouse
October:
November: Mayor John Wilson (Orchard Park)
December: Thomas Militello, Elsie Sager, Ted Schaffer, Gloria Slawek (Lt. Slawek’s mom)

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk


Agenda for January 13, 2015 Town Board Meeting

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Category : Town Board

Agenda for January 13, 2015 Town Board Meeting

Meeting Call to Order 7:00 PM
1.) PLEDGE TO THE FLAG — Recognition of Dignitaries, Officials and Visitors
2.) Approval of Minutes – December 9, 2014 Town Board meeting

3.) Monthly Reports
1. Supervisor’s Financial Reports
2. Town Clerk/Tax Collector Report
3. Court Clerk’s Financial Reports Justice
4. Code Enforcement Officers Report
5. Dog Control Officer’s Report
6. Police Report
7. Town Clerk’s Report to the Board
8. Planning & Zoning Board’s Report
9. Recreation Director Report
10. Parks Commissioner Report
11. Town Historian Report
12. Fire Company Reports
13. Brant Farnham Seniors

4.) Public Hearings – 8 PM Ag District permitted use

5.) Acknowledgment of the floor for Visitors, Invited Guests and Presenters

6.) Old Business
1. Addendum to current laws (Ag district permitted use) (SEQR))
2. Procurement Policy Guideline 2 & 3 (tabled Organizational)
3. Recreation Fees (tabled Organizational)
4. Brant Farnham Senior appointment (tabled Organizational)
5. Justice Court Audit
6. Purchase P.O.W. Flags

7.) New Business
1. Letter of Resignation from Councilman Jeff Gier
2. Review and accept Court audit
3. Voucher NYC
4. Approve Erie County Association Dues
5. Miscellaneous

8.) Reports of Committees

9.) Town Board reports

10.) Recognized Privilege of the floor — Please stand state your name (You have 3 min. to air your request) Thank You

11.) Meetings & Correspondence

12.) Miscellaneous Information

13.) Approval of Abstract

14.) Next Meeting — February 10, 2015 at 7 PM

14.) Motion to Adjourn – Ted Schaffer 104, Elsie Sager 98, Gloria Slawek, Grace Dienstbler, George Castle Sr.


2015 Organizational Meeting Minutes

January 6, 2015 Organizational Meeting Minutes

Minutes of the 2015 Organizational Meeting held Tuesday January 6, 2015, at 6:30 PM, at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, NY.

Present were:

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

Absent was Councilman Jeffrey Gier (resigned from Councilman Position 12/31/14)

ALSO PRESENT / SIGNED IN WERE:

Brian Rott Resident
Debra Ritz Resident
Janice Ross Planning Board member
Joseph DeCarlo Assessor
John Grennell Town Prosecutor
Lynda Ostrowski Secretary to the Boards
Joseph Ostrowski Planning Board chairman

The 2015 Town of Brant Organizational meeting was called to order by Supervisor Leonard Pero at 6:30 PM with the Pledge of Allegiance. The Town Clerk read aloud the “Notice of Public Hearing” that was used to advertise of the meeting.

PUBLIC NOTICE OF MEETING JAN 6TH, 2015
Notice is hereby given that the Brant Town Board will hold their 2015 Organizational Meeting on Tuesday January 6th @ 6:30 PM.
Notice is hereby also given that the first regular meeting will take place on Tuesday January 13th @ 7:00 PM.
Meetings will be held at the Brant Town Hall located at 1272 Brant North Collins Rd, Brant, NY 14027, unless otherwise posted. For more information call the Town Clerk’s Office (549-0282 ext. 2). The posting of this notice and advising the legal newspaper, complies with Article 7 of the Public Officer’s Law…relating to open meetings.”

By Order of the Brant Town Board
Barbara J Daniel
Brant Town Clerk
December 19th, 2014

Supervisor Pero read the following Parliamentary Procedure:
PARLIAMENTARY PROCEDURE
Robert’s rules of order shall prevail, except where such rules are inconsistent with any local rule or resolution pertaining to the conduct of town business.
PROCEDURE FOR THE AGENDA of regular monthly meetings in the year 2015 shall be adopted as follows:
MOTION to adopt rules of procedure for the agenda of regular monthly meetings in the year 2015 as follows:
1.) Call to order by the Supervisor
2.) Pledge of Allegiance to our Flag
3.) Announcement of Public Hearings or Bid Openings (which usually start at 8 pm or as posted)
4.) Minutes of Last Meeting(s) Approved or corrected
5.) Monthly Reports from Department Heads
6.) Acknowledgement of Dignitaries and Invited Guests
7.) Old Business
8.) New Business
9.) Reports of Committees
10.) Action on Committee reports
11.) Appointment of New Committees to fill vacancies
12.) Reports of the Town Board
13.) Privilege of the floor with rules of Civility (See Rules Below & Read 6 steps))
14.) Correspondence & Communications Read — communications filed with the clerk shall be prior to 12:00 PM (noon) of the day prior to a meeting shall receive consideration for review
15.) Actions taken on Communications
16.) Miscellaneous
17.) Approval of Abstract
18.) Adjournment

Rules of Civility: “Rules of Civility for Participation in Board and Committee Meetings in the Town of Brant”
The Brant Town Board declares that the business of town government is a community endeavor requiring an environment that fosters the exchange of ideas in an atmosphere of civility and mutual respect. Recognizing that public discourse is essential to the effective functioning of a representative democracy, the Brant Town Board hereby adopts the following “Rules of Civility” which will apply to every official, member of the public, visitor and guest attending or participating in meetings of the Brant Town Board and other duly-constituted boards or committees of the Town of Brant.
1. We seek to understand one another’s point of view.
2. Speakers who have the floor are permitted to deliver their comments without interruption.
3. Comments should focus on Town of Brant issues or the particular issue before the board or committee, not on persons or personalities.
4. Anger, shouting, rudeness, cursing, vulgarity, ridicule, impatience and lack of respect for others are not acceptable behavior.
5. Sidebar discussions while others are speaking must be removed from the meeting room so as to not be disruptive to those conducting or participating in Board business.
6. Demonstrations in support of or in opposition to a speaker or idea such as clapping, cheering, booing or hissing, as well as any form of intimidating body language is not acceptable.

“Privilege of the Floor” at Town Board Meetings
Public comment shall be during the “Privilege of the Floor.” In addition to the “Rules of Civility” noted above, the following rules and procedures apply to participation in the Privilege of the Floor portion of the meeting.
1. Persons wishing to speak should raise their hand to be recognized.
2. Speakers should stand and identify themselves for the record.
3. Comments are to be directed to the Town Board and speakers may be required to speak from a specified location so their comments may be properly recorded.
4. To allow time for all points of view, speakers are allotted three (3) minutes to speak.
5. Failure to abide these rules may result in forfeiture of a speaker’s exercise of Privilege of the Floor.
The Brant Town Board encourages everyone to take the initiative to make things better and help to create an atmosphere which fosters fair discussion and exchange of ideas without fear of personal attacks.

Supervisor Pero motioned to approve the above Parliamentary Procedures, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

ORDER OF ROLL CALL
Supervisor Pero read the rules of conduct for the order of roll call shall be the following by the clerk present at the meeting; the board member who moves the resolution shall be called upon first to vote, the board member who seconds the resolution shall be called upon second to vote. The remainder of the roll call shall be at the discretion of the clerk with the Supervisor voting last unless he moved or seconded the resolution.
Supervisor Pero motioned to approve the Order of Roll Call and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

DESIGNATION OF OFFICIAL NEWSPAPER
Supervisor Pero motioned to designate “The SUN” as the official newspaper, and as needed alternates, the Buffalo News and the Dunkirk Observer for a one year term. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo. 4 AYES, 0 NAYS. MOTION CARRIED.
MONTHLY MEETING SCHEDULES
Supervisor Pero designated the monthly meeting schedule as follows:
Second Tuesday of each month at 7:00 PM January through May. October through December & (7:30 PM June through September) to be held at the Town Hall unless otherwise notified in advance.
January 13, 2015 – February 10, 2015 – March 10, 2015 – April 14, 2015 – May 12, 2015 – June 9, 2015 – July 14, 2015 – August 11, 2015 – September 8, 2015 – October 13, 2015 – November 10, 2015 – December 8, 2015
Regular Monthly meetings may be omitted or dates changed where a conflict of such regular meeting exists with Holidays or other official business or call of the Supervisor.
All other meetings shall be at the call of the Supervisor, the time and place to be announced by Supervisor and or notice of such meeting posted.
The Board will also hold work sessions ½ hour prior to each monthly meeting as needed.
Supervisor Pero motioned to approve the designation of meetings and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
DESIGNATION OF BANKS
Supervisor Pero motioned to approve the designation of banks for depositories: as Evans Bank and KEY Bank for a one year term. Authorizing the Deputy Supervisor to dispense funds in the absence of the Supervisor, and give Supervisors’ secretary authority to transfer funds between accounts but not authorized to dispense any funds. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

INVESTMENT & PROCUREMENT POLICIES

Supervisor Pero reminded the Board that the reading of the Investments policy was suspended last year. The Board agreed to repeat the suspension of the reading this year.

The following was then left unread:

MOTION to adopt Investment policy as follows: The objective of the investment policy of the Town of Brant is to minimize risk, to insure that investments mature when the cash is required to finance operations, and to insure a competitive rate of return. To keep In accordance with this policy, the Chief Fiscal Officer is hereby authorized to invest all funds, including proceeds of obligation and reserved funds in Certificates of Deposits issued by a bank or trust company authorized to do business in New York State. Repurchase agreements involving the purchase and sale of Direct Obligations of the United States; and Time Deposit accounts in a bank or trust company authorized to do business in New York State, and to participate in Municipal Cooperation Agreement Investment pools legally permissible under New York State statutes and NYS general municipal law articles 3-A and 5-G. COLLATERAL – certificates of deposit shall be fully secured by insurance of the Federal Deposit Insurance Corporation (FDIC) or by obligations of New York State or obligations of The United States of America or obligations of Federal agencies in which the Principal and Interest of the Town’s investment are guaranteed by the United States of America or obligations of New York State local governments. Collateral shall be held by the seller bank’s trust department or it’s designate. The market value of collateral shall at all times equal or exceed the Principal amount of the certificate of deposit. Collateral shall be monitored no less frequently than quarterly. Investments in Time deposits, CD’s & Repurchase agreements are to be made with banks or trust companies, and at the time and when Independent Auditors conduct an Annual Audit of the accounts and financial affairs of the Town, the Independent Auditors shall audit the investments of the Town for compliance with the provisions of these investment guidelines.

Councilman DeCarlo motioned to approve the Investment policy as noted above. He was seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

Department Procurement policy

The procurement & Pre pay policy was read by Supervisor Pero as follows: that all department heads, elected and appointed officials must consult with the Supervisor prior to the purchase of any item or groups of items costing $500.00 or more. Exception: Highway Department must consult with the supervisor prior to the purchase of item or items of $1250.00 or more. All department heads elected and appointed must also consult with the supervisor before the hiring of any contractor for any emergency repair job of the town.
All department heads must sign vouchers for all purchases and then submit to Supervisor’s office for review, upon review it must be approved by auditing committee before purchase will be paid. All prepaid vouchers must be approved by Supervisor.

Supervisor Pero motioned to approve the above Department Procurement Policy as listed above. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

PRE PAY POLICY

Supervisor Pero read the following regarding the Town’s pre-pay policy:

• Prepays should be noted as “prepaid” on the Abstract of Claims and should be audited as soon as possible and presented to the Town Board at the next regular meeting.
• The entire Town Board is responsible for the Town’s finances. “Officers or employees approving these claims may be personally liable if they are subsequently rejected” (Town Law §118)
• The following are the claims made that MAY be paid before action by the Audit Committee and the Town Board.

• National Grid (Electric)
• National Fuel (natural gas)
• Disability Insurance/Workman’s Comp
• Verizon Wireless
• Land line Phone service
• Debt Service, Serial Bonds, e.g. USDA Rural Development
• Postage fees
• Crystal Rock (water)
• Health, Dental Insurance
• NY State Mandates, Fees, Penalties, Court fines, etc.
• NYS Retirement
• Payroll and other taxes
• CREDIT CARD & Freight & Express Charges
• Contracts of more than one year – No contracts of one year or less, e.g. Refuse Collection, Park upkeep, etc. may be considered for prepayment.
Any Bills that will incur a late fee or penalty because it was missed in the previous audit and approved by the board by phone. Also Honor all Contracts that state ½ down and pay in full at
the completion of work and only upon inspection and approval of the work completed. This final approval must be approved by the entire town board by phone.

Supervisor Pero motioned to approve the above Pre-pay Policy, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

TOWN of BRANT CREDIT CARD POLICY

RESOLVED: That the Town of BRANT does hereby adopt the following Credit Card policies and procedures:
Authorization for all purchases with a Town Credit Card shall follow the Town of Brant Procurement Policy
All Town Cards will be issued to the Town Supervisor or Town Clerk only and be used with the permission of the Supervisor or Town Clerk and with Town Board approval.
Any cards being used by town officials or workers other than the Supervisor or Town Clerk must sign a voucher stating that they will take full responsibility for the use of the card
All Items must be broken down by the user and verify that the purchase was actually received
All purchases must follow the Department & Town Procurement Policies.
The Town of Brant prohibits: the use of Town credit cards
• for personal expenses
• For cash advances.
• Without proper documentation on Town Voucher

 All Cards should be kept in a secure location
 Never allow anyone to review and approve their own transactions
 Cancel existing cards that are not needed or accounted for
 Incorporate procedures for card cancellation of lost or stolen cards, or upon termination of authorized user of the card
 Audit committee shall review bills and watch for red flags such as unusual destinations or Items on the card and Appropriately follow up on any identified discrepancies
 Never pay claims without proper documentation
 Require the names of individuals for whom expenditures were incurred., for example, if food was supplied at a meeting, indicate who was there

Review and update master credit card lists and this policy annually
Pay bills on time to avoid paying fees and late charges

Any employee found guilty of illegal or unauthorized use of a town credit card may be subject to penalties allowed by law and/or disciplinary action(s) under the Town’s Personal Policies up to and including termination.

Councilman Kaczmarek motioned to approve the credit card policy as read, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

Supervisor Pero read the following:

TOWN of BRANT PROCUREMENT POLICY

WHEREAS, General Municipal Law (GML) § 104-b requires every town to adopt internal policies and procedures governing all procurement of goods and services not subject to the bidding requirements of GML § 103 or any other law;

NOW THEREFORE, be it RESOLVED: That the Town of BRANT does hereby adopt the following procurement policies and procedures:
Guide line 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of GML § 103. Every town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter “Purchaser”) shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other town departments and past history to determine the likely yearly value of the commodity to be acquired. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity.

Guide line 2. All purchases of: goods, supplies or equipment which will exceed $20,000 the fiscal year or (b) public works contracts over $35,000 shall be formally bid pursuant to GML § 103.

Guide line 3. All estimated purchases of goods, supplies or equipment:
— Less than $20,000 but greater than $10,000 require a written request for a proposal (RFP) and written/fax quotes from three vendors.
– Less than $10,000 but greater than $4000 requires an oral request for the goods and oral/fax quotes from two vendors.
— Less than $4000 but greater than $1000 are left to discretion of the Purchaser but all steps taken to solicit prices must be documented in writing by the Purchaser.

All estimated public works contracts of:

— Less than $35,000 but greater than $20,000 require a written request for proposal (RFP) and written/ fax/email quotes from three (3) vendors.

— Less than $20,000 but greater than $5,000 requires a written RFP and written/fax/email proposals from two (2) vendors.

— Less than $5000 but greater than $2500 is left to the discretion of the Purchaser. But all steps taken to solicit prices must be documented in writing by the Purchaser.

Any written RFP shall describe the desired goods or public works services, quantity and the particulars of delivery or completion.
The Purchaser shall compile a list of all vendors from whom written/fax/email/oral quotes have been requested and the written/fax/ email /oral quotes offered.
All information gathered in complying with the procedures of this Guideline shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

Guide line 4. The lowest responsible proposal or quote shall be awarded the purchase or public works contract unless the Purchaser prepares a written justification providing reasons why it is in the best interest of the town and its taxpayers to make an award to other than the low bidder. If the lowest a bidder is not deemed responsible, facts supporting that judgment shall be documented and filed with the record supporting the procurement.

Guide line 5. A good-faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposals. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement.

Guide line 6. Except when directed by the town board, no solicitation of written proposals or quotations shall be required under the following circumstances:
(a) Acquisition of professional services;
(b) Emergencies;
(c) Sole-source situations;
(d) Goods purchased from agencies for the blind or severely handicapped;
(e) Goods purchased from correctional facilities;
(f) Goods purchased from another governmental agency;
(g) Goods purchased at auction;
(h) Goods purchased for less than $1000
(i) Public works contracts for less than $2500
(j) Purchases under State or County contracts.

Guide line 7. This policy shall be reviewed annually by the town board at its organizational meeting or as soon thereafter as is reasonably practicable.

ATTORNEY TRASK REQUESTED THE BOARD TO TABLE THE ADOPTION OF GUIDELINE 2 AND 3 ABOVE TO ALLOW HIM TIME TO RESEARCH IF THE CURRENT STATE PROCUREMENT POLICY ALLOWED FOR THE AMOUNTS BEING PROPOSED.

Supervisor Pero motioned to approve the Procurement Policy (EXCEPT GUIDELINES 2 & 3) as read, and was seconded by Councilman Clark. A roll call vote was taken. Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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BLANKET BOND & OFFICIAL UNDERTAKING
Supervisor Pero motioned to approve the Blanket Bond for all town officials as the Official Undertaking. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Councilman DeCarlo motioned to authorize Supervisor Pero to be hereby permitted to sign his signature by Facsimile & or E-Mail. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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ISSUE PAYROLL CHECKS
Supervisor Pero motioned to authorize Computer Search Corporation to issue payroll checks for the Town of Brant, New York under a facsimile as has been designated as long as their services are needed by the town, with all payrolls paid bi-weekly unless otherwise stated due to circumstances. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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ACKNOWLEDGEMENT OF SALARIES FOR ELECTED TOWN OFFICIALS 2015

Supervisor Pero acknowledged the salaries of the elected officials as advertised and per adopted Budget (.1), the designation of 2015 salaries for elected town officials: Supervisor @$19,770.00 /yr, Councilmen (4) @$4,777.35 each /yr Town Justices (2) @ $12,082.05 each/yr. Town Clerk @ $27,726 Highway Superintendent.@ $29,828.00/yr
No vote taken.
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Supervisor Pero read the following:
PERMISSIBLE EXPENSES & MILEAGE RATE FOR TOWN OFFICIALS
MOTION: to pay legal and permissible expenses for town officials with documentation of mileage & receipts as required and limited by budgeted amounts.

MOTION: to approve mileage rate for town officials’ .55/mi. for the use of their cars for official town business upon presentation of a mileage log & voucher to the town.

Supervisor Pero motioned to approve the above permissible expenses as noted above. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero read the following:

PERMISSION TO ATTEND THE ASSOCIATION OF TOWN’S MEETINGS
That it is desirable and important to attend the Association of Town’s meeting on February 16 – 19, 2015 in New York for training purposes.

MOTION: that the Supervisor & one Town Board member, each Judge, the Town Clerk, Highway Superintendent and Town Attorney may attend by permission of the Town Board, that each official attending will be allowed a maximum of $1,750.00 for all expense incurred. Reimbursed expense will include; registration, travel, room and meals only, everything else is the responsibility of the attendee, and receipts and vouchers are required for reimbursement.

Supervisor Pero motioned to permission to attend the Association of Town’s Training at a maximum of $1,750.00 for approved expenses. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero requested the Board appoint a delegate and alternate to Association of Towns meeting in New York City in February 2015. Councilman Clark motioned to appoint Supervisor Pero as the delegate. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

Councilman Kaczmarek will be appointed at a later date as an alternate. The term is one year.
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Councilman Kaczmarek motioned to approve the Town Clerk’s attendance at the Town Clerk & Tax Collector Association conference at maximum of $1200.00 or Association conference in New York at $1,750.00. Councilman Clark seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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TOWN APPOINTMENS & AUTHORIZATIONS:
JUSTICE
Acknowledge JUSTICE’S appointments of clerks to the justice per recommendation of Judges for a one year term, Based on 39 hours/week and court night clerks based on 40 hours per month.

Acknowledge Judge Borngraber clerk to the Justice / Diane Czyz @ $13.00 per hour with a cap of $26,370 total per year.

Acknowledge Judge Gier clerk to the Justice / Julie Sager @ $13.00 per hour with a cap of $26,370 total per year.

Acknowledge the Justice appointment of Office Aux clerk / Tammy Czyz up to 19 hours per week @11.68/per hr with a cap of $11,536.00 total per year.

Acknowledge Bench clerks Lisa M. Herc & Michele Browning for court nights @ 12.18/per hr with a cap of $5,846.00 total per year.

Councilman Kaczmarek motioned to approve compensation for both Clerks to the Justice based on max of 39/hrs per week and budget approval of $26,370 cap per year each. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motion to approve compensation for Office Aux Clerk based on max of 19/hrs per week and budget approval of $11,536 cap per year. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve compensation for Bench Clerks based on max of 40/hrs per month and budget approval of $5,846 cap per year. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve the appointment of court stenographers McCann & McCann, for a one year term @ $100.00 per occasion for 4 hour session & extra $35.00 over 4 hours. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to Appoint Town Prosecutor John Grennell for a one year term: annual salary of $10,000. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero acknowledged the second year of the two year appointment of Town Attorney William J. Trask Sr. at an annual salary $13,591. (Term ends December 31, 2015) (JANUARY 2013 – December 2015). Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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SUPERVISOR

Acknowledge SUPERVISOR: appointment of Secretary to Supervisor Michele Browning for one year term @ 15.94 per hour with a cap of $24,859.00. (30 hours per week)

Councilman Kaczmarek motioned to approve compensation for Secretary based on max of 30/hrs per week and budget approval of $24,859.00. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Acknowledge SUPERVISOR: appointment of Bookkeeper/Town Accountant with auditing duties to do Supervisors annual reports and to make minor changes at end of year: R. A. Gryksa & Associates for a one year term:

Councilman Kaczmarek motioned to approve annual contract R. A. Gryksa & Associates for a one year term $16,000.00 per adopted budget (A1320.4). Councilman Clark seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Councilman Clark motioned to authorize Supervisor to negotiate ban’s (Bond Anticipation Notes) for 2015. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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ASSESSOR

Acknowledge: appointment of Sole Assessor Joseph DeCarlo with term ending Sept. 30, 2019 annual salary $14,216.00 (Appointment Oct.-2013)

Supervisor Pero motioned to approve Assessor Joseph DeCarlo annual salary of $14,216.00. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-abstained. 3 AYES, 1 ABSTAIN. MOTION CARRIED.

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Supervisor Pero motioned to appoint Clerk Secretary to Assessor’s office per recommendation of Assessor, Janet Bowman for a one year term @ $13.00 /per hr. /cap at $10,768.00 (based on 16 hrs. per week). Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-abstained. 3 AYES, 1 ABSTAIN. MOTION CARRIED.

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TOWN CLERK

Acknowledge TOWN CLERK appointments of Deputy Town clerk Karen Herc, for a one year term each @ $12.48 per hr with a total cap of $19,573.00

Supervisor Pero motioned to approve compensation for Deputy Clerks based on max of 30/hrs per week and budget approval of $19,573.00 Total. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motion to approve annual agreement with MUNICIPAY for credit card processing services at rate of $20 per month unless we meet their minimum requirement. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Acknowledge: Records Management Officer, Barbara Daniel, for a one year term,

Supervisor Pero motioned to approve records management officer annual salary @ $1,548.00. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Acknowledgement of Barbara Daniel as Registrar of Vital Statistics, with Karen Herc as Deputy Registrars for term to coincide with elective term of Town Clerk
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CARETAKER

Supervisor Pero motioned to approve appointment of caretakers: Goldie Disaverio for town hall, community & recreation bldg: for a 1 year term @$11.25/hr/total cap at $10,530. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve appointment of Buildings and Grounds & Maintenance & Caretaker Superintendent: Alan Nolan @ 17.25 per/hr based on 39 hrs per week total cap at $34,993. Duties shall be to oversee and is responsible for the maintenance of buildings & Park Cleanup, and Community Bldg. (Responsible for health dept. testing of water & sewer and maintain water, sewer & plumbing necessities). Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve Scott Kaczmarek at $15.22/hour total cap $15,037 & Nicholas Burbige at $12.00/hour total cap $11,856.00 both based on 19 hours
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Supervisor Pero motioned to approve $26,000 for assistance to Buildings and Grounds Superintendent with a total compensation for all Maintenance & Caretaker work throughout the year and budget approval of $60,993 total cap for the department. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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POLICE

Supervisor Pero motioned to approve appointments of Part time police officers whose compensation for hours worked may not exceed 19.5 hours per week — Mark Slawek (Lieutenant & investigator) @ $21.01/per hr-Rick Lopez (patrolman), @ $18.18/ per hr – John Lopez (patrolman), @ $17.86- -Nick Nesci &Tom Kurdziel (patrolmen) each at $17.08/per hr; Ray Ashton (patrolmen) at $16.81/per hr; Tracey O’Donnell at $16.320/per hr; Joshua Nolan & Cameron Dawley & Ray Maslach (patrolmen) each at $16.22/per hr; Tom Castle, Clayton Reed, Brian Hanner, Sam DePasquale (patrolmen) each at $16.01/per hr; with a total cap of all officers at $110,210.00 per Budget (A3120.11). Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve the pay for Court Bailiff. The compensation would be capped at $4200.00. No one was appointed. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

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Supervisor Pero motioned to approve appointment of Investigator consultant John Giacchino @ $16.85 as needed. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve compensation for all above Patrolmen as per budget. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve the acknowledgement of Donald Hepkins as Chief of Police at $29.08 per hour plus health insurance with a cap of $30,000 per year, per the December 2014 employment agreement. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

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Acknowledge: appointment of Supervisor Leonard K. Pero as POLICE COMMISSIONER per New York State (Town Law # 150) to work with Grant writer and Police Chief in obtaining Grants for term of Office. No compensation.

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Supervisor Pero motioned to approve appointment and salary of Code Enforcement Officer/ Building Inspector: Gary Brecker for a one year term at annual salary $7,648.00. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve appointment of Dog control Officer Barb Daniel for a one year term at annual salary $6,399.00. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero motioned to approve appointment of Connie D. Miner as grant writer for a one year term with annual contract of $15,000.00 per adopted budget (A1480.4). Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motion to appoint police matron – Amy Hamm @ $50.00 per occasion. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

Supervisor Pero noted that a second police matron should be appointed.
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Supervisor Pero motioned to appoint Bingo inspector Gail Schwartz for a one year term @$40.00/ per occasion. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-abstain, Councilman DeCarlo-aye. 3 AYES, 1 ABSTAIN, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to table the appointment of Spanish interpreter Rosa Gullo. The position would be a one year term @ $50.00 per occasion. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

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HIGHWAY

Acknowledge Highway Superintendent appointment of Deputy HIGHWAY SUPERINTENDENT: Marion Kijek for a one year term @ $20.83 PER HR

Acknowledge Highway Superintendent appointment of HIGHWAY Driver/Worker: Sam Sicurella for a one year term @ $15.30/per hr

Acknowledge Highway Superintendent appointment of Part Time HIGHWAY Laborers/Drivers Mark Reynolds @ $12.77, William Wesp, as needed for a one year term @ $12.00 per hr.

Acknowledge Highway Superintendent appointment of HIGHWAY SUPERINTENDENT CLERK Willa Rosenblatt for a one year term, annual salary $1,500.00

Supervisor Pero motioned to approve the above listed compensation for all above Highway Department employees. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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RECREATION

Supervisor Pero motioned to approve appointment of Recreation Director Vincent Fininzio Jr. for a one year term @ $17.00/per hr. capped at annual salary of $4080 based on 240 hours. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero motioned to approve compensation for Lifeguards for the 2015 season at $9.15/hr. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Supervisor Pero motioned to approve compensation for Recreation Attendants for the 2015 season at $8.75/hr. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Councilman DeCarlo motioned to approve the appointment of Supervisor Leonard K. Pero as Parks Commissioner at $1500.00 annual salary. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

Duties of Parks Commissioner:

SUPERVISE and oversee ALL Park FUNCTIONS
1 Check the park everyday for abnormality & Safety
2 Know when functions are scheduled
3 On call everyday 7 days
4 Trash Picked up
5 Benches Tables & Shelters Clean
6 Grounds are clean
7 Take complaints
8 water safety w/ health dept
9 Pool set up cleaned, maintained in order
10 Recreation is running smoothly
11 Park enhancements & Park projects
12 Make sure Park is Open & Closed Properly
13. Work with grounds superintendent
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Supervisor Pero motioned and was seconded by Councilman Clark to TABLE the decision on the 2015 RECREATION FEES until January 13, 2015:

RESIDENTS/ ONE CHILD: $65.00, SECOND CHILD: $50.00, THIRD CHILD: $40.00 WITH A CAP OF $180.00 FOR FOUR.( $45.00 FOR BUS PICK UP). NON RESIDENTS: $130.00 ONE CHILD, SECOND CHILD $115.00, THIRD CHILD $105.00 WITH A CAP OF $405.00 FOR FOUR OR MORE. ($60.00 FOR BUS PICK UP).

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Supervisor Pero announced the dates for the recreation program and pool opening:

The six week recreation program will start on Monday July 6, 2015 and end Friday August 15, 2015.

Recreation Appointments after Meeting and interviews in May.

Pool will open Saturday June 27, 2015 and close Sunday August 30, 2015 – 9 weeks

Supervisor Pero will look into Bus lease with Lake Shore Schools for 6 weeks. (CURRENTLY .90 CENTS PER MILE APPROX. 3,300 MILES)

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Supervisor Pero motioned, and was seconded by Councilman Clark to approve the appointment of Town Electrician Billy Hamm @ $15.00 per hour as needed. Responsibility/authority to call for services by Superintendent of Buildings and Grounds and Town Supervisor or maintenance & care keeper Superintendent. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Councilman Clark motioned to approve the following 2015 Pool fees to the public:
• $2.50 day pass
• $30.00 season pass (individual)
• $80.00 season pass (Family of up to 4, add $15.00 ea. Add’l)
• $15.00 Senior Citizen season pass
• Splash pool: FREE
Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
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Acknowledge: Appointment of Town Historian Patricia Friend & Deputy Town Historian Leonard K. Pero for a one year term

Acknowledgement: Emily Nolan as Town Photographer
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Supervisor Pero motioned to approve an agreement with David Sink for IT (info technology) services as needed at rate of $40.00 per/hour. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero read the following:

FEE’S, APPROVAL & CONTRACTS
Park Rules

 Speed Limit not to exceed 10 MPH within the Park,
 Obey all posted signs, including HANDICAPED Parking.
 No Food or Beverage within Fenced Pool Area
 No Beverages in glass containers
 No papers or food should be left on floors or grounds.
 Please clean up your own garbage & put into plastic bags
 No Littering
 INSIDE garbage cans Must be left INSIDE, and OUTSIDE garbage cans Must be left OUTSIDE.
 No fireworks or open fires on Town property without proper authorization
 Horseshoes in designated areas ONLY! No digging of new pits!
 No unlicensed vehicles in park without permission of Town Board which includes Trail Bikes, ATV’S, Snow Mobiles
 Please park ONLY in designated areas, use Parking Lots & do not park on grass
 Please be courteous and respect others – No Profanity
 Park Hours 7am – 11 pm
 Violators will be Prosecuted

No changes were made, and no vote was taken on the Park Rules.

Councilman Clark motioned, and was seconded by Councilman Kaczmarek, to approve the following fees for community & recreation building rentals:

Community building rental fee: $150
Recreation building which includes Pavilion rental fee: $150
Adding the Gym to recreation building rental: $75
Security deposit/confirmation deposit: $150.00 refundable
Fees and security/confirmation are doubled for non residents

A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero moved, and was seconded by Councilman Clark to permit the Town Clerk to approve various community groups use of the buildings free of charge with A Security Deposit confirmation as long as there are no conflicts with regular rentals.
A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero moved, and was seconded by Councilman Clark to approve the following large shelter and small Grove fees:

Large Grove: $75.00
Small Grove: $60.00
Security deposit /confirmation is $75.00 refundable
All fees and deposits doubled for non- residents, also $200 Deposit & $200 Rental for Business & Corporations Insurance certificate required
Fees and security/confirmation are doubled for non residents
A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

The three Small shelters outside of grove available on a 1st come 1st serve basis
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TABLED: Discussion on fee for rental of Town Hall Cafeteria rental —— was proposed at $150.00 w/Kitchen $200.00
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HOLIDAYS THE TOWN SHALL OBSERVE in 2015 & HOURS TOWN HALL WILL BE OPEN TO PUBLIC
Approve the following list of 11 holidays the town shall observe in 2015:
MARTIN L. KING DAY: (Monday, January 19); PRESIDENTS DAY:(Monday, February 16); GOOD FRIDAY: (Friday April 3rd); MEMORIAL DAY: (Monday, May 25); INDEPENDENCE DAY: (Saturday, July 4); LABOR DAY: (Monday September 7); COLUMBUS DAY: (Monday, October 12);VETERANS DAY: (Thursday, November 11); THANKSGIVING: (Thursday, November 26 & Friday, November
27); CHRISTMAS EVE: (Thursday, December 24); CHRISTMAS DAY: (Friday, December 25) NEW YEARS EVE (Thursday December 31, 2015) NEW YEARS DAY (Friday January 1, 2016).
Supervisor Pero motioned to approve the holidays as listed above, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero motioned to approve that Part time office clerks will be paid their normal scheduled hours for that day. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Halloween: Supervisor Pero acknowledged that the Town shall observe Halloween on Saturday October 31st from 4 PM to 8 PM.

Supervisor Pero acknowledged THE TOWN HALL HOURS (Town Clerk’s Office) WHEN IT WILL BE OPEN TO PUBLIC (9:00 am to 4:00 pm Mon, Tues, Thursday, Friday & Saturday 9:00 am to noon) Closed on Wednesdays & Holidays.
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Supervisor Pero moved, and was seconded by Councilman Clark to approve the plowing of private roads for emergency use and or by order of the Fire Chief, Police Chief, Highway Superintendent, or Town Supervisor. The Highway Superintendent must keep record of the number of times plowed. (Each date & who declared the emergency).

A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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APPOINTMENT of BOARDS

BOARD of REVIEW
Meets in May

Supervisor Pero motioned to appoint Board of Review member Joyce Ellis for a term of 5 years from 10/1/14 to 9/30/19 and the one year appointment of Joseph Ostrowski as Board of Review alternate for a one year term ending December 31, 2015 @ $100.00 annually each. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero acknowledged the upcoming appointment Board of Review member Virginia Schilling for a term of 5 years from 10/1/15 to 9/30/20 @ $100.00 annually.

Supervisor Pero moved, and was seconded by Councilman Clark to appoint Secretary to the Board of Review Lynda Ostrowski for a one year term @ $ 10.75 per hour. A roll call vote was taken: Supervisor Pero-aye, Councilman Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

Supervisor Pero moved, and was seconded by Councilman Clark to approve compensation for Active Board of Review members @ $100.00 annually. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Zoning Board of Appeals
5 year terms

Supervisor Pero moved, and was seconded by Councilman Kaczmarek to approve appointment of Zoning Board of Appeals member Joseph Gardyjan for a new term 1/1/15 (5 years) ending on 12/31/19. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-nay, Councilman DeCarlo-aye. 3 AYES, 1 NAYS. MOTION CARRIED.

Supervisor Pero moved appoint Allen Nolan as Alternate member of the Zoning Board of Appeals for a one year term. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero motioned to approve the appointment of Zoning Board of Appeals Chairman Carrie Andolina for a one year term. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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PLANNING BOARD
7 year terms
(Meets every 4th Thursday) is an advisory board only

Supervisor Pero moved, and was seconded by Councilman DeCarlo to approve the appointment of Planning Board member Ed Dinkuhn for a new term 1/1/15 (7 years) ends 12-31-2021. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero motioned to approve the appointment of Tish Brady as Planning Board alternate member for a one year term. He was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero moved, and was seconded by Councilman Kaczmarek to approve appointment of Joseph Ostrowski as Planning Board Chairman for one year term. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero moved, and was seconded by Councilman Clark to approve compensation for planning and zoning board members at $40/mtg. and $50. For the chair person per meeting. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, O NAYS. MOTION CARRIED.
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Supervisor Pero moved, and was seconded by Councilman DeCarlo to approve Appointment Lynda Ostrowski as Secretary to Zoning Board of Appeals and Planning Board for a one year term @ $10.75 per hour. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero motioned to authorize auditing committee to audit all financial records of the Town/bookkeeper yearly. Councilman Kaczmarek and Councilman DeCarlo are assigned the duty for 2015. Councilman Clark seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Supervisor Pero motioned to approve the appointment of Michael Muffoletto as planning board member to replace Beverly Wasmund term January 2015 to December 31, 2020. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
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Various Board Appointments & LIAISONS:

Supervisor Pero Acknowledged the following Town Supervisor appointments and then Motion to accept

DISASTER COORDINATORS: Leonard K. Pero
ASSISTANT DISASTER COORDINATORS: Gary Brecker & Jimmy George

DISASTER COMMITTEE: Gary Brecker, Jim George, Don Hepkins, Brant Fire Chief David Pero,
Farnham Fire Chief Peter Chiavetta, Supt. Highway Joseph Giambrone, Town Supervisor Leonard K. Pero

BEAUTIFICATION & EVENTS: Patty Friend

Recreation Parent Advisory: Michele Browning, Joseph DeMaria

AG Committee: Carmon Vacco, and _________________

Climate change & Energy Committee: Leonard Pero, Vice Chairman Bill Henry

Historical Projects & Committee: Patty Friend, ___________, Leonard Pero,

Brant Farnham Seniors Committee & Silver Sneakers: Faith DeLong, Sharon Catalano, Lynda Ostrowski, Janet Mirusso, Barb Scheffler, Marge Pero

LIAISONS: (Wide Beach) Pat Purpera, (Lotus Bay) Tish Brady,(Seneca Nation) Cochise Redeye

Appointment of Affirmative Action Officer: Michele Hy For one year term

Appointment of Board of Ethics, (one must be an officer or employee of the Town) Michele Browning, Michael Muffoletto & Carmen Vacco one year term (see town law manual page 183)

Appointment of Fire Wardens: Brant Code Officer, Brant & Farnham Vol. Fire Chiefs one year term
Appointment of representative to Association of Erie County Governments Supervisor Pero for term of Office

Appointment of representative to Supervisor Summit Group Supervisor Pero for term of Office
Appointment of representative to N.E.S.T. Supervisor Pero for term of Office

Appointment of representative to South Towns Community Enhancement coalition Supervisor Pero for term of Office

Appointment of representative to Erie County Environmental Management Council Supervisor Pero for term of Office

Appointment of representative to Erie County Quality Water Committee Supervisor Pero for term of Office

Appointment of representative to Lake Erie Water Protection Alliance Supervisor Pero for term of Office

Appointment of representative to CDBG Advisory Board Supervisor Pero

Appointment of representative to Rural Transit Steering Committee: Supervisor Pero

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SUPERVISORS’ EXECUTIVE APPOINTMENTS FOR 2015

Appointment of Deputy Supervisor: Chad Kaczmarek for one year term

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Chairs of Committee: Supervisor on all committees with the Chairs except Auditing

AUDITING COMMITTEE: Kaczmarek, DeCarlo
FIRE & AMBULANCE: Don Clark
REFUSE & STREET LIGHT COMMITTEE: Don Clark
PARK includes: POOL, PLAYGROUND, GROVE AREAS, & GROUNDS: Kaczmarek
INSURANCE COMMITTEE & EMPLOYEE BENEFITS: DeCarlo
POLICE COMMITTEE: DeCarlo
BUILDINGS: Kaczmarek
RECREATION COMMITTEE: Kaczmarek
HIGHWAY COMMITTEE: DeCarlo
WATER & SEWER COMMITTEE (Existing Districts): Don Clark
TELECOMMUNICATIONS & UTILITIES: Don Clark

TOWN BOARD REPRESENATIVE or LIAISON TO:

TOWN CLERK’S OFFICE: Pero
ASSESSOR’S OFFICE: Kaczmarek
BOARD OF ASSESSMENT & REVIEW: Don Clark
TOWN JUSTICE COURT: DeCarlo
POLICE: DeCarlo
CODE ENFORCEMENT OFFICER: Pero
DOG CONTROL OFFICER: DeCarlo
HIGHWAY: DeCarlo
RECREATION: Kaczmarek
PLANNING BOARD: DeCarlo
ZONING BOARD OF APPEALS: Don Clark
VOL. FIRE DEPT. LIAISON: Don Clark
CENSUS LIAISON: Don Clark
BRANT-FARNHAM SENIORS: DeCarlo
VILLAGE OF FARNHAM: Don Clark
BEAUTIFICATION & EVENTS: Kaczmarek
RECREATION PARENT ADVISORY: Kaczmarek
LAKE SHORE YOUTH FOOTBALL: Pero
ERIE COUNTY GOVERNMENT: Pero
CONCERT IN THE PARK: Don Clark
SCHOOL DISTRICTS: Pero, Kaczmarek

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CONTRACTS

Supervisor Pero moved, and was seconded by Councilman Clark to authorize Supervisor Pero to Sign Contract for Community Concern and To Approve the Payment in Sum of $5,000.00 to Community Concern. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Councilman Clark moved, and Councilman Kaczmarek seconded to authorize Supervisor Pero to Sign Contract for Meals on Wheels and To Approve the Payment in Sum of $1,625.00 to Meals on Wheels. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye. Councilman DeCarlo-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.
___________________________________________________________

Councilman Kaczmarek moved, and was seconded by Councilman Clark to authorize Supervisor Pero to Sign Contract with the County of Erie for Stop DWI program through 2015. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 AYES, 0 NAYS. MOTION CARRIED.

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Councilman Clark moved, and was seconded by Councilman Kaczmarek to authorize Supervisor Pero to Sign Contract with the South Towns Haz-Mat, and to approve the pa


Minutes for December 9, 2014 Town Board Meeting

Tags :

Category : Town Board

This Regular Meeting of the Brant Town Board was held on Tuesday, December 9, 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
Donald Clark, Councilman
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary

Absent:
Jeffrey Gier, Councilman

Also present and signed in were:

Donald Hepkins, Police Chief
Lee Brunelli, resident
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Neil Ross, Planning Board alt.
Joyce Ellis, resident
Joseph Wittenzellner, resident
Brenda Emminger, resident
Janet Bowman, Assessor’s clerk
Joseph DeCarlo, assessor
Karl Simmeth, representative to Assemblyman DiPietro
Joseph Giambrone, Hwy. Superintendent
Frank Broughton, Planning Board member
Debra Ritz, resident
Brian Rott, resident
Brian Campbell, SUN reporter

The meeting opened at 7:00 PM with a pledge to the flag.

MINUTE APPROVALNOVEMBER 12, 2014 Regular Town Board meeting. Councilman Clark motioned to accept the minutes of the November 12, 2014 Town Board meeting, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman DeCarlo to accept the Supervisor’s October 2014 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MODS: There were no budget modifications.

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Kaczmarek moved to accept the Town Clerk’s October 2014 Financial Report. He was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S OCTOBER 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Clark made the motion to approve the October 2014 financial reports of both justices bail and regular accounts, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker read his report for November. Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

DISCUSSION: Code Officer Brecker noted that he had just received a written complaint from resident Joyce Ellis. Joyce was present and Supervisor Pero asked her if she would like to speak regarding her complaint. She stood and listed some of the problems she has with the new owner of Brant Auto, Weitsman. Some of the items were:
1. Hours of operation are too long, with no breaks from the beeping sound all day long starting 6 am. The beeping starts at 6 am and goes constantly until evening.
2. Heavy truck traffic all day long
3. Hardpan road is now very congested
4. She feels it is not being run in the same manner as Brant Auto and she added that the law states to transfer a special use permit, the business must run in the same manner.
5. She claimed that he is not running his business by the advertised hours.
6. Worried about the kids that ride their bikes past the business during the summer.

Attorney Trask stated that the Code Officer has the ability analyze the way the business is being operated. Since the Town is against the expansion of a non-conforming use, he can impose restrictions on the business if he feels it is not being operated in the same manner as the predecessor. If the restrictions are aren’t followed, he then has the ability to issue a court summons for code violations

The Board members asked those present with complaints what their addresses were in relation to the junk yard. Mogavero’s are at 1103 Brant Farnham Road, Joyce Ellis is at 1113, Joe Wittenzellner is at 1117. Councilman Kaczmarek stated that he is at 1039 and he also has issues with the business. The Town Board then noted that they will look into a resolution to the problem.

DOG CONTROL OFFICER’S NOVEMBER 2014 REPORT: Dog Control Officer Barbara Daniel requested to table her report until the January meeting. The report was tabled.

POLICE REPORT NOVEMBER 2014: The November 2014 police report was read by Chief Donald Hepkins.
Supervisor Pero motioned to approve the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR NOVEMBER 2014: The Town Clerk’s monthly activity report for November 2014 was read by Clerk Daniel. Councilman Gier moved to accept the Town Clerk’s November report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski read the minutes of the November 25th Planning Board meeting. Councilman DeCarlo motioned to approve the report as presented, and was seconded by Councilman Clark. 4 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 Town Historian minutes were read by Supervisor Pero. Councilman DeCarlo motioned to accept the minutes as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: No reports were read.

SENIOR’S REPORT: Councilman Clark read the names of the newly elected officers of the Brant Seniors. Ther were: President: Neil Ross, Vice President: Sharon Catalano, Secretary: Lynda Ostrowski, Treasurer: Jenaette Mirusso, Supply Sergeant: Janice Ross. The appointed officers were: Theresa Quagliana-Sunshine Club, Marge Pero & Sharon Catalano-Travel Committee, Phyllis Muscato-Sergeant at Arms.

OLD BUSINESS:

ADDENDUM TO AG DISTRICT PERMITTED USE LAW is set for public hearing on Tuesday January 13, 2015 at 8:00 PM. Attorney Trask noted that he sent the ZR-1 paperwork to Erie County Mark Lee. Mark Lee noted that the Resolution the Town Clerk submitted to Erie County listed the date of the public hearing as January 13, 2014, instead of 2015. The typo will be corrected in the Town Clerk’s office.

JUSTICE COURT AUDIT: Supervisor Pero stated that Councilmen Gier and Kaczmarek spoke with Joseph Ostrowski about the beginning the Justice Court Audit on Friday (December 12).

2015 POLICE VEHICLE PAPERWORK ARRIVED: Supervisor Pero noted that he received the paperwork for the 2015 Chevy Tahoe SSV 4WD. Unfortunately, the dealer won’t have the vehicle for 16 to 22 weeks. We won’t get it until April. They are going through Ford credit. The dealer will hold onto the current request until then.

NEW BUSINESS:

SET DATE FOR 2015 ORGANIZATIONAL MEETING: Supervisor Pero set the date for the 2015 Organizational meeting to January 6, 2015 at 6:30 PM.

EMPLOYEE HANDBOOK CORRECTIONS: The employee handbook will be amended to include the same statement regarding paid holidays for office staff for holidays that occur during regularly scheduled work days. The statement will be the same statement as is included in the Organizational minutes each year. Amended copies will be distributed to the employees. Councilman DeCarlo motioned to accept the Amendment as noted, and was seconded by Supervisor Pero. A roll call vote was taken: Councilman DeCarlo-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.

COPY MACHINE RETURNS (EXPIRED LEASES): Town Clerk Daniel’s noted that the copy machines leased through DeLage Landen were cancelled upon their expiration. However, she noted that it was brought to her attention that the lease required a 60 day notice prior to the termination. Therefore the Town is bound to two more monthly lease payments. There is no copy of the lease agreement to be found.
NOVEMBER STORM REVIEW: Supervisor Pero read his written storm narrative. (The complete narrative will be on file in the Town Clerk’s office for those interested). He thanked all those who helped during the state of emergency.
APPROVE PAYMENT OF DISASTER PERSONNEL: Supervisor Pero noted that the storm resulted in $44,646.01 in expenses. He added that these expenses must be paid before the Town can request reimbursement from FEMA. He asked for a motion to approve payment. Councilman DeCarlo moved and Councilman Kaczmarek seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

MEMORANDUM OF UNDERSTANDING WITH CHIEF DONALD HEPKINS: Supervisor Pero asked the Board members If they had read the Memorandum of Understanding from Donald Hepkins. The board replied that they did. Councilman Kaczmarek motioned to approve the memorandum of understanding. Supervisor Pero seconded the motion. A roll call vote was taken: Councilman Kaczmarek-aye, Supervisor Pero-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL APPOINTMENT DURING ABSENCE OF DCO: Barbara Daniel noted she will be out of state from December 10th through the 27th. She requested the Board to approve a substitute DCO. The Town Attorney stated that the substitute would have to be named in order for the Board to approve them. DCO Barbara Daniel requested Andy or Melissa Beaudoin located on North Main Street. Supervisor Pero motioned to approve the substitute, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

REPORTS OF COMMITTEES: No reports

TOWN BOARD REPORTS:
COUNCILMAN GIER: Absent
COUNCILMAN KACZMAREK: Met with Vincent Fininzio. Also noted damage done to the park road by
the State D.O.T. during the storm.

COUNCILMAN CLARK: Nothing to report

COUNCILMAN DeCARLO: Attended Village of Farnham Board meeting and delivered a statement from
the Supervisor

SUPERVISOR PERO: Presented his recap of the past 7 years of lowered taxes. He gave the example of the taxes on a $100,000 homes in 2008 was $812.28 and compared it to a $100,000 home currently which was $629.78. He added that the taxes have consistently dropped over the 7 year span. He then noted that he attended 15 meetings in November

RECOGNIZED PRIVILEGE OF THE FLOOR:
Lee Brunelli of Brant Farnham Road asked why the Town doesn’t fly POW (Prisoner of War) flags on special occasions throughout the year? Supervisor Pero asked Highway Superintendent Giambone to order them.

Neil Ross, newly elected president of the Brant Seniors Organization, requested that Councilman DeCarlo be appointed as Liaison to the Brant Farnham Seniors Organization. Supervisor Pero noted his request, and stated he would put his request into consideration.

CORRESPONDENCE:

Supervisor Pero received the following correspondence:

• Sales Tax payment for December 1st is 4.51% greater than 2013 corresponding payment. The YTD amount is 3.4% above 2013.
• Letter from Time Warner regarding some of their changes.
• Letter from Steffan Mychajliw commending Supervisor Pero for his work as Disaster Coordinator during the November storm.

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Supervisor Pero read the following Abstract:

Abstract 12 of 2014

*Prepaid and unpaid as of December 9, 2014

Gen Fund Town wide Vouchers Totaling: $82,704.69
Gen Fund – Part Town Voucher Totaling: $1,985.11
Highway T.W. Vouchers Totaling: $25,694.23
Highway P.T. Vouchers, Total $5,923.40
Fire Protection: Vouchers: Totaling: $115,400.00
Street lighting: Voucher totaling: $2,790.99
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: $0
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 10/19/14 – 11/29/14 Totaling: $63,648.56
General Part Town Payroll 9/21/14 – 10/18/14 Totaling: $935.34
Highway Payroll TW 9/21/14 – 10/18/14 Totaling: $17,679.51
Highway Payroll PT 9/21/14 – 10/18/14 Totaling: $0

Councilman DeCarlo motioned to approve payment of Abstract 12, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

Next Board meeting (Organizational Mtg) will be held January 6, 2015 at 6:30 PM. The first (Regular) Board meeting will be held on January 13, 2015 at 7:00 pm

At 8:05 PM, Supervisor Pero motioned to adjourn in memory of Thomas Militello who recently passed away, and was seconded by the balance of the Board. 4 ayes, o nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk


Agenda for December 9, 2014 Town Board Meeting

Tags :

Category : Town Board

Meeting Call to Order 7:00 PM

  1. PLEDGE TO THE FLAG — Recognition of Dignitaries, Officials and Visitors
  2. Approval of Minutes – November 12, 2014 Town Board meeting
  3.  Monthly Reports
    1. Supervisor’s Financial Reports
    2. Town Clerk/Tax Collector Report
    3. Court Clerk’s Financial Reports Justice
    4. Code Enforcement Officers Report
    5. Dog Control Officer’s Report
    6. Police Report
    7. Town Clerk’s Report to the Board
    8. Planning & Zoning Board’s Report
    9. Recreation Director Report
    10. Parks Commissioner Report
    11. Town Historian Report
    12. Fire Company Reports
    13. Brant Farnham Seniors
  4. Public Hearings –
  5. Acknowledgment of the floor for Visitors, Invited Guests and Presenters
  6. Old Business
    1. Addendum to current laws (Ag district permitted use) (SEQR)) set Jan. 13,2015 8 pm Public Hearing)
    2. Justice Court Audit
    3. Purchase New 2015 Tahoe SSV 4 WD
  7. New Business
    1. Set Date Organizational Meeting (January 6, 2015)
    2. Hand Book Correction
    3. Copy Machines
    4. Review of the Storm
    5. Approve Payment to Disaster personal
    6. Memorandum of Understanding Chief Hepkins
    7. Dog Control
  8. Reports of Committees
  9. Town Board reports
  10. Recognized Privilege of the floor — Please stand state your name (You have 3 min. to air your request) Thank You
  11. Meetings & Correspondence
  12. Miscellaneous Information
  13. Approval of Abstract
  14. Next Meeting — January 6, 2015 at 7 PM
  15. Motion to Adjourn – Thomas Militello

Zoning Board Of Appeals Public Hearing Notice December 13, 2014

LEGAL NOTICE
TOWN OF BRANT ZONING BOARD OF APPEAL
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Zoning Board of Appeals in the Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 13th day of December, 2014 at 10:00 A.M. local time regarding the fence on the property of Richard & Nancy Tocha at 1 Lotus Bay Estates Drive, Irving, NY 14081 otherwise identified as SBL# 265.04-1-65.3 within the Town of Brant New York.
Dated: November 19, 2014
LYNDA R. OSTROWSKI
BRANT ZBA SECRETARY


Minutes of November 12, 2014 Town Board Meeting

Tags :

Category : Town Board

This Regular Meeting of the Brant Town Board was held on Wednesday, November 12, 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
Jeffrey Gier, Councilman
Donald Clark, Councilman
Mark DeCarlo, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary

Absent:
Chad Kaczmarek, Councilman

Also present and signed in were:

Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Janet Bowman, Assessor’s clerk
Joseph DeCarlo, assessor
Joseph Giambrone, Hwy. Superintendent
Frank Broughton, Planning Board member
Joyce Ellis, resident (past Planning Board member)
Phyllis Mogavero, resident
Mark Mogavero, resident
Joe Wittenzellner, resident
Dennis Kane, resident
Debra Ritz, resident
Brian Rott, resident

The meeting opened at 7:00 PM with a pledge to the flag.

MINUTE APPROVAL OCTOBER 14, 2014 Regular Town Board meeting. Councilman Gier motioned to accept the minutes of the October 14, 2014 Town Board meeting, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Gier to accept the Supervisor’s September 2014 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MODS: Supervisor Pero read his September 2014 Budget modifications:

MEMORANDUM

TO: Leonard Pero, Supervisor, Town of Brant 11/10/14

FROM: Richard A. Gryksa MBA, Town Accountant

SUBJECT: Recommended Budget Modification # 4 as of : September-14

Please make a resolution at the regular Town Board meeting on November 12th 2014 to approve the following change(s) to the 2014 Adopted Budget.

Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund – Townwide (A)
$ 15.00 (DR) Decrease A1355.41 Assessment-Board of Review Contr Expend
$ (15.00) (CR) Increase A1355.4 Assessment Contr Expend $ 14.81

$ 113.00 (DR) Decrease A1625.1 Recreation Building Pers Serv
$ (113.00) (CR) Increase A1625.4 Recreation Building Contr Expend $ 112.74

$ 591.00 (DR) Decrease A1660.4 Central Storeroom Contr Expend
$ (591.00) (CR) Increase A1670.4 Central Print/Mail Contr Expend $ 590.49

$ 2,469.00 (DR) Decrease A7020.11 Recreation Admin-Winter Program Pers Serv
$ (2,469.00) (CR) Increase A7020.4 Recreation Admin-Summer Program Contr Expend $ 2,468.27

$ 1,000.00 (DR) Decrease A7180.2 Special Rec Facility-Pool Equip & Cap Out
$ 84.00 (DR) Decrease A7180.4 Special Rec Facility-Pool Contr Expend
$ (1,084.00) (CR) Increase A7110.4 Parks Contr Expend $ 1,083.91

$ 463.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefit
$ (463.00) (CR) Increase A9060.8 Medical & Dental Insurance Employee Benefit $ 462.97

A7550.41 Celebration-Summerfest Events Contr Expend $ 11,785.82
LESS transfer of Summer Fest revenues from T&A Fund (8,075.00)
Amount over Budget $ 3,710.82
$ 1,860.00 (DR) Decrease A7550.4 Celebrations Contr Expend
1,851.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ 3,711.00 (CR) Increase A7550.41 Celebration-Summerfest Events Contr Expend $ 3,710.82

$ 38,649.00 (DR) Increase A3060 Records Management Grant State Aid Revenue
(12,255.00) (CR) Increase A1460.11 Records Management Grant Pers Serv
(10,895.00) (CR) Increase A1460.2 Records Management Grant Equip & Cap Out
(15,499.00) (CR) Increase A1460.41 Records Management Grant Contr Expend
$ –
To record State Education Department Records Management Grant awarded for Project Funding
Dates 7/1/14-6/30/15. Balance of unused Grant will be incorporated into the 2015 Budget.

APPROVAL OF BUDGET MODS LISTED ABOVE: Councilman Gier motioned to approve the budget mod as listed above, and was seconded by Councilman DeCarlo. A roll call vote was not taken. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Gier moved to accept the Town Clerk’s September 2014 Financial Report. He was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S AUGUST 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Gier made the motion to approve the September 2014 financial reports of both justices bail and regular accounts, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker read his report for October. Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED.

Discussion in response to CEO’s report: Resident Joyce Ellis expressed anger about the new company occupying Brant Auto. She stated that it is not a junkyard, it’s a trash processing facility. She is upset about the noise generated by the facility with the constant beeping of the backup loaders. She also expressed disappointment that the trees that she planted years ago were cut down. She stated her opinion that the facilities business use has changed and they should not have been granted the permit.

Resident Mark Mogavero claimed that his well is caving in due to the constant pounding which he claims shakes the ground.

DOG CONTROL OFFICER’S OCTOBER 2014 REPORT: Dog Control Officer Barbara Daniel presented her October Dog Report. She asked the Board to approve paying some of the electric bill now generated by the unoccupied garage that has been the source of electric to heat the kennel. Councilman Gier stated that as long as there is money left in the DCO budget, he had no objections. Councilman DeCarlo motioned to accept the report as read, and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT OCTOBER 2014: The October 2014 police report was read by Supervisor Pero.
Councilman Gier motioned to approve the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR OCTOBER 2014: The Town Clerk’s monthly activity report for October 2014 was read by Clerk Daniel. Councilman Gier moved to accept the Town Clerk’s October report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski read the minutes of the October 28th Planning Board meeting. In response to the Planning Board report, resident Dennis Kane expressed disappointment on the fence issue. He is against the proposed removal of the circle on the corner of lotus bay. He also stated that he is going to speak with Farnham Fire Chief Peter Chiavetta to confirm that it was his recommendation to remove the circle. Mr. Kane then noted for the record his plea to not order the removal of the circle, or any part of it. He then added that he felt the Code Officer has no business recommending the removal of property. Councilman Gier motioned to approve the report as presented, and was seconded by Supervisor Pero. Councilman Clark voted nay when Board was asked if all were in favor. 3 ayes, 1 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 Town Historian minutes were read by Supervisor Pero. The minutes noted that Christina Abt was scheduled to speak at the November 19th Historical meeting. She encouraged people to attend.

FIRE DEPARTMENT REPORTS: Councilman Gier noted No reports received.

SENIOR’S REPORT: No Senior report received.

Since it was not 8:00 PM, Supervisor Pero moved on to the acknowledgement of Visitors:

Lynda Ostrowski, resident and Secretary to the Boards asked if the Town could take back over the plowing of her road (Versailles and Cain) because the County is too slow to clear them. Supervisor Pero asked Highway Superintendent Giambrone to call the county to see what they can do to improve the situation. Giambrone stated that it’s been 15 years since the Town plowed there.

Since it was not yet 8:00 PM, Supervisor Pero moved forward to item number one of old business:

OLD BUSINESS:

ADDENDUM TO AG DISTRICT PERMITTED USE LAW: Supervisor Pero read the addendum being proposed regarding allowable uses in Agricultural districts:

Proposed Local Law No. 3 of the year 2014
Town of Brant, County of Erie

A Local Law Amending the Brant Zoning Code Relative to Allowable Uses in the Agricultural (A) Zoning District
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 permit limited commercial activities which will have minimal impact on agricultural uses and operations and encourage re-use of existing structures within the Agricultural (A) zoning district within the Town of Brant.
Section 2. Authority
This local law is adopted pursuant to authority contained in the Town Law of the State of New York.
Section 3. Zoning Code Amended
Section 161-16 “Special Permit Uses” of the Town of Brant Zoning Code is hereby amended to add the following:
Section 161-16 (C)(3) Commercial Uses in existing buildings which can be re-used or re-purposed for such commercial activities without taking land out of agricultural use or production.
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.
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OLD BUSINESS:
BREAK TO PUBLIC HEARING #1 (2% TAX CAP LAW) 8:00 PM
At 8:00 PM, Supervisor Pero noted that it was time for the Public Hearing. He asked the Town Clerk to read aloud the Public Hearing Notice as it was published. The Town Clerk read the following notice:
LEGAL NOTICE
TOWN OF BRANT,
NEW YORK
NOTICE OF PUBLIC HEARING
2% TAX CAP LAW

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 Wednesday, the 12th day of November, 2014 at 8:00 PM Local Time, for the purpose of considering Proposed Local Law No. 3-2014 which if approved would authorize the Town of Brant to exceed the tax levy limit established by General Municipal Law Section 3-C of the 2015 budget year.

Copies of the proposed local law are available in the office of the Town Clerk. All interested parties will be given the opportunity to be heard.

Dated October 31, 2014

By Order of the Brant Town Board

Barbara J Daniel
Brant Town Clerk

At this time Supervisor Pero motioned to open the public hearing, and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero announced that adopting the law was unnecessary because the Board had managed to keep the budget increase below the 2% cap. At this time, the Board will not need to adopt this law. Resident Frank Broughton thanked the Board for keeping the increase under the 2% cap.
At 8:02 PM, upon disclosing the reasons why the law was unnecessary, Supervisor Pero motioned to close the public hearing and was seconded by Councilman Gier.
———————————————————————————————————————————————-
Because it was not yet 8:15 PM, Supervisor Pero returned to item number one of Old Business:
OLD BUSINESS
item number one (cont’d):
Supervisor Pero read the State Environmental Quality Review (SEQR) resolution prepared by the Town Attorney William Trask to establish the Town of Brant as lead agency, and to set the date for the public hearing for the proposed local law:
State Environmental Quality Review (SEQR)
Resolution Establishing Lead Agency and Setting Date for Public Hearing

Name of Action: Proposed Adoption of Local Law #3-2014

WHEREAS, the Town of Brant Town Board is considering the adoption of Proposed Local Law #3-2014, which will amend uses allowed by Special Permit in the Agricultural (A) Zoning District in Chapter 161 of the Town of Eden Code “Zoning” to permit limited commercial uses which will have minimal impact on agricultural uses and operations within the Town of Brant, and
WHEREAS, the Full Environmental Assessment Form (EAF) dated October 2, 2014 has been submitted by Supervisor Pero for the Town Board’s consideration, and
WHEREAS, after comparing the thresholds in 6 NYCRR 617.4 and 5, the Town Board has determined that the proposed project is a Type 1 Action, and
WHEREAS, after examining the Full EAF, the Town Board has determined the matter requires a zoning referral to the County of Erie pursuant to General Municipal Law Section 239-m..
NOW THEREFORE BE IT RESOLVED, that the Town Board declares itself Lead Agency for review of this action, and
BE IT FURTHER RESOLVED, that a ZR-1 (Zoning Referral) be made to the Erie County Department of Environment and Planning, and
BE IT FURTHER RESOLVED, that a Determination of Significance will be made at such a time as all reasonably necessary information has been received by the Town Board to enable it to determine whether the action will or will not have a significant effect on the environment, and
BE IT FURTHER RESOLVED, that a public hearing on said proposed local law be held at 8:00 p.m. during the Town Board meeting scheduled for Tuesday, January 13, 2015 at the Brant Town Hall.
Supervisor Pero motioned to set the public hearing on the above proposed local law #3 of 2014 to January 13, 2014 and to name the Town of Brant as lead agency for the SEQR paperwork which will be sent to Erie County Department of Environment and Planning. He was duly seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION ADOPTED
————————————————————————————————————————————————
HORIZONTAL DRILLING: Supervisor Pero noted that a Planning Board is still reviewing, and is a work in progress.
Supervisor Pero noted the sale of the old SUV for $11,200. He then requested the Board to review a request from Chief Hepkins:
APPROVAL TO PURCHASE 2015 S.U.V.:
Supervisor Pero presented a request from Police Chief Donald Hepkins to allow the purchase of a 2015 Chevy Tahoe SSV 4WD at the cost of $32,944.55. Supervisor Pero noted that he received the paperwork from Van Bortel Chevrolet Incorporated (71 Marsh Rd, E. Rochester, NY 14445). His signature was required for the purchase, using GM Credit.

Councilman DeCarlo motioned to authorize the Supervisor to sign for the purchase, and seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS:
APPOINTMENT OF NEW ZBA MEMBER TO REPLACE LEE BRUNELLI: Supervisor Pero read a letter from planning board alternate Frank Broughton. The letter requests the Board to consider appointing him to the Zoning Board of Appeals. At this Time Supervisor Pero motioned to approve the appointment of Frank Broughton, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Gier-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
MEDICARE INSURANCE – INCREASED BY $174/MO. FOR HIGHWAY SUPERINTENDENT AND RETIRED CHIEF FALK:
Supervisor Pero reminded the Board that on April 10, 2012 the Board adopted to raise the cap on health insurance. He noted increases in the monthly Medicare premiums. Highway Superintendent Joe Giambrone monthly premium will increase from $241/mo. to $415/mo. Retired Police Chief Wayne Falk’s premium will increase by $35.75, making his monthly premium $138.25/mo. Councilman Gier motioned to approve the increase, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Gier-aye, Councilman DeCarlo-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

SALT AGREEMENT WITH LAKESHORE CENTRAL SCHOOL DISTRICT: Supervisor Pero reminded the Board that a price had not been reached at the last meeting for sale of road salt to Lakeshore Central Schools. After discussion about price, it was decided that the loader scoop price will be $75.00/scoop. Councilman Gier motioned to approve the pricing of the salt, and was seconded by Councilman Clark. A roll call vote was taken: Councilman Gier-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

REPORTS OF COMMITTEES

COUNCILMAN GIER: spoke about a plan to save the tree on the front parking lot. The solution will require curbing around the tree and putting in a slope to allow water to drain away.
Councilman Gier then moved to the topic of Town cell phone use. He strongly warned those using Town cell phones that personal use is prohibited. He reiterated NO personal use. He will be examining phone bills next month to see if the calls appear personal. He noted that phone calls made at 9/10:00 at night are probably not town business.

COUNCILMAN CLARK: Nothing to report

COUNCILMAN DECARLO: Nothing to report

SUPERVISOR PERO: Still waiting got Allen to put holes in for water units. Summerfest meeting will be rescheduled due to its cancellation due to his illness. FNABGL will hold their next meeting on March 6th 2015 where a presentation on Geothermal information. He acknowledged that Highway Superintendent Joe Giambrone sold some scrap for $350.00. He reminded that Jeff and Chad will be working on the Justice Court Audit sometime before the end of December. He wants to set up a workshop for Monday November 24th at 7:00 pm to discuss the possibility of land purchases for the Town, and to discuss the cost of paving the front parking lot of the Town Hall.

——————————————————————————————————————————————–
RETURN TO PUBLIC HEARING 8:15 PM (2015 BUDGET)

At this time Supervisor Pero moved to the second public hearing scheduled for 8:15 PM. Supervisor Pero asked the Town Clerk to read aloud the public hearing notice. The Town Clerk read the following:
LEGAL NOTICE
TOWN OF BRANT
NOTICE OF HEARING ON THE PRELIMINARY BUDGET
FOR THE YEAR 2015

Notice is hereby given that the Preliminary Budget for the fiscal year beginning January 1, 2015 and the required Tax Exemption Impact Report will be in the Office of the Brant Town Clerk where it is available for inspection by any interested person during regular business hours and can be found online at www.brantny.com on the bulletin page.

PUBLIC HEARING for the Preliminary Budget will be held at the Brant Town Hall, 1272 Brant North Collins Rd, Brant, NY at 8:15 PM on WEDNESDAY THE 12th day of NOVEMBER 2014.

And at such hearing, any person may be heard in favor or against any item therein contained.
Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows:
Supervisor $19,770.00
Councilman (4)x each $4,777.25
Town Clerk/Tax Collector $27,726.00
Superintendent of Highways $29,828.00
DATED: October 31, 2014
BY ORDER OF THE
BRANT TOWN BOARD
Barbara J Daniel
Brant Town Clerk

At this time, Supervisor Pero motioned to open the public hearing, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

Discussion began with Supervisor Pero noting the changes made to the tentative budget by the Board. He noted that the preliminary budget now has a rate decrease from the tentative. Resident Frank Broughton asked if the Town ended up saving money by doing its own property maintenance. Supervisor Pero answered that more was done. The Town had a better handle on the work.
He then recapped the debt schedule acknowledging also that the Sewer district is now paid off. The Brant Farnham sewer district still owes $50,000. Which will be paid off in the next five years. The Brant water district still owes $257,000. To be paid off in twelve years. The Highway Kenworth truck has one more payment. Purchase of the New Town Hall has one more payment.

Councilman Clark asked if any of the department heads had any special requests. Supervisor Pero noted that he received a letter from assessor Joe DeCarlo requesting a 3% increase for his clerk. Supervisor Pero responded that if we do it for one, we have to do it for all. Councilman DeCarlo felt that it could be done, and they were the only ones to ask for a raise. Supervisor Pero responded that everyone wanted a raise for their people. Assessor DeCarlo reasoned that everyone got one and a half percent, except the court clerks who got 2.75%. Supervisor Pero objected saying their increase was 2%. He then added that if she worked the hours she is allowed to work, she would make more money. He then reasoned that if everyone would be happy, everyone can be brought down to the 1-1/2% to make everyone even. Resident Debra Ritz stated that the Court clerks needed to be trained. She complained that the court clerks never answer their phones. Resident Brian Rott wanted to know how they decided on raising only the court clerks when everyone was asking for raises. Discussion about going to 2% for everyone. Councilman Gier reminded the Board that they hammered it out at the workshop and all came to an agreement. He asked why change it now.

Debra Ritz objected to the elected officials getting raises. Assessor DeCarlo noted that his clerk has been in his office for 17 years. She handles responsibilities that are not even hers, such as handling the sale of water meters. He added that the water meters are going to be sent to the Supervisor’s Office from now on. Councilman Clark said the Board should give raises for anyone who asked for them. Supervisor Pero then addressed the fact that his secretary does work for the highway superintendent, as does the Town Clerk. He said everyone is asking for more money. Chief Hepkins wants 5% increase, he wants a new car. If we give 3% here and 2% there, we will get into trouble.

Highway Superintendent objected to statements about needing the Supervisor Secretary to help with his office. He said it isn’t his fault. He has no computer, and he is lucky if he has a phone. He objected to his clerk being cut on pay. Supervisor Pero acknowledged that a lot of the superintendent’s paperwork is done by the Town’s office staff, not his clerk. Giambrone demanded a computer that would allow his clerk to be able to conduct all of his work. Supervisor Pero acknowledged that Giambrone’s secretary was making over $33.00 per hour, based on the hours she put in and her pay.

At 8:35 PM Supervisor Pero motioned to close the public hearing, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero then made a motion that all employees go to 1 ½ % increase. Councilman Gier seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-nay, Councilman DeCarlo-nay. 2 ayes, 2 nays. MOTION DEADLOCKED.

Supervisor Pero motioned to return the Highway clerk position to $3,500/yr. No one seconded the motion. MOTION DENIED.
Councilman Clark motioned to adopt the original preliminary 2015 budget, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
RECOGNIZED PRIVILEGE OF THE FLOOR:
Frank Broughton thanked the Board for appointing him to the Zoning Board of Appeals.

CORRESPONDENCE:

Supervisor Pero received the following correspondence:

• Letter of from NYS Ag & Markets about an inspection recently done on Dog Control. They will return next month to check on changes to be made.
• Supervisor Pero read a resolution from Legislator Mills office regarding maintenance and repair of highways and bridges.
• Letter from Randy Notarnicola requesting assistance with getting natural gas installed on Lotus Point.
• CDBG letter regarding one homeowner rehab.
• Sales tax update for 1st of November was 3.84% above last year.
• Letter from Mark Polancarz regarding his age friendly initiative
• Letter from DPR (Dept. Public Service) wants to assist in making energy efficient changes
• Letter from Time Warner regarding a few changes.
• Letter from Joyce Ellis

REQUEST FOR TOWN BOARD TO ADOPT RESOLUTION BEING PRESENTED BY ASSOCIATION OF ERIE COUNTY GOVERNMENT: Supervisor Pero read the following resolution he received from the Association of Erie County Government.

CERTIFIED RESOLUTION

At our monthly meeting of the Association of Erie County Governments held in the Town of Colden on
October 23, 2014, the following resolution was moved by Supervisor Michael Kasprzyk of the Town of Holland and seconded by Supervisor Anthony Caruana of the Town of Tonawanda and unanimously approved by all to support these proposals for the 2015 Legislative Agenda.

NYS Tax Cap
Infrastructure Improvements, Capital Improvements, Expenditures derived from Consent Orders and Smart Growth Initiatives should be exempt from the tax cap.

Local Governments must invest in neighborhoods to make NYS livable and competitive. Infrastructure improvements in utilities, transportation, and communication make our neighborhoods competitive. Capital Improvements in municipal services and expenditures derived from Consent Orders from DEC and other government agencies make our communities safer and more livable. Smart Growth improvements build sustainable, healthy, and livable neighborhoods. If these improvements and Consent Orders are not exempt from the tax cap, then local governments will be forced to override the tax cap to keep their municipalities safe, competitive and compliant.

NYS Tax Freeze
Existing and on-going shared services should be itemized in the County-wide Efficiency Plan which determines savings through shared services and consolidation.

If the NYS Tax Cap is adjusted as proposed above, local governments will be able to live within the tax cap and there should be no need to override the tax cap. However, local governments should be able to demonstrate consolidation of services by using existing and on-going shared services. The Erie County Association of Governments has documented over 550 examples of numerous different types of shared services among Erie County municipalities. Some of these shared services have been in place for decades. It is a myth that providing tax credit to residents will provide more shared services among local governments.

NYS Mandates
NYS Senate and Assembly should pass with the Governors support bills S 1294-A and A 4861-A which is legislation introduced in 2013 that require any State mandated program imposed on municipalities and school districts to be funded by the State.

NYS Senate and Assembly should pass with the Governors support bills S 1968-2013 and A3480-2013 which is legislation that requires fiscal impact notes to include objective calculations of anticipated economic impacts for the next three years on state or political subdivisions, including local governments.

A 2011 Mandate Relief Redesign Team Report calls for legislation to prohibit unfunded mandates. Also, the report recommended a change in the NYS constitution to prohibit unfunded mandates. The report indicates that 27 states have constitutional or statutory provisions restricting the imposition of new unfunded mandates on local governments. 42 states have provisions that require an estimate of the local cost burden of proposed legislation.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to Honorable Governor Andrew M. Cuomo and the Western New York Delegation, NYCOM, the Association of Towns and the Association of Counties.

Supervisor Pero motioned to adopt the above resolution as read, and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION ADOPTED.

——————————————————————————————————————————————
Supervisor Pero read the following Abstract:

Abstract 11 of 2014

*Prepaid and unpaid as of November 12, 2014
Gen Fund Town wide Vouchers Totaling: $28,746.36
Gen Fund – Part Town Voucher Totaling: $7,684.49
Highway T.W. Vouchers Totaling: $5,913.27
Highway P.T. Vouchers, Total $25.95
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $2,626.58
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: $4,100.00
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 9/21/14 – 10/18/14 Totaling: $43,439.09
General Part Town Payroll 9/21/14 – 10/18/14 Totaling: $623.96
Highway Payroll TW 9/21/14 – 10/18/14 Totaling: $3,928.88
Highway Payroll PT 9/21/14 – 10/18/14 Totaling: $3,996.36

REQUEST TO APPROVE FOLLOWING VOUCHERS AS PRE-PAYS ON DEC. ABSTRACT:
The following abstracts did not make it on the November abstract. Please approve them as prepays for the December Abstract 12:
1. Connie Miner – November consulting fee $1,250.00
2. Donald Hepkins – Uniform mock turtle necks & tolls for training $157.60
3. NYS Retirement System – 2015 NYS & Local retirement pmt $42,310.00
4. NYS Retirement System – 2015 NYS & Local retirement (police/fire) $16,616.00
5. USDA/Rural Development – Principal & Bond for Brant Farnham sewer: $11,750.00
6. R.A. Gryksa – Bank reconciliations, budget mods, Supvr report: $1,250.00
7. Sherwin Williams $443.00
8. Home Depot $97.63

Councilman Clark motioned to approve payment of Abstract 11, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

Next Board meeting will be held December 9, 2014 at 7:00 PM.

At 8:51 PM, Supervisor Pero motioned to adjourn in memory of Orchard Park Mayor John Wilson and Mrs. Margaret Pantera who recently passed away, and was seconded by the balance of the Board. 4 ayes, o nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk


Agenda for November 12, 2014 Town Board Meeting

Tags :

Category : Town Board

Meeting Call to Order 7:00 PM
1.) PLEDGE TO THE FLAG — Recognition of Dignitaries, Officials and Visitors

2.) Approval of Minutes – October 14, 2014 Town Board meeting

3.) Monthly Reports
1. Supervisor’s Financial Reports
2. Town Clerk/Tax Collector Report
3. Court Clerk’s Financial Reports Justice
4. Code Enforcement Officers Report
5. Dog Control Officer’s Report
6. Police Report
7. Town Clerk’s Report to the Board
8. Planning & Zoning Board’s Report
9. Recreation Director Report
10. Parks Commissioner Report
11. Town Historian Report
12. Fire Company Reports
13. Brant Farnham Seniors

4.) Public Hearings – 8 PM 2% Cap Public Hearing
8:15 2015 Budget Public Hearing

5.) Acknowledgment of the floor for Visitors, Invited Guests and Presenters

6.) Old Business
1. Addendum to current laws (Ag district permitted use) (SEQR)) set Jan. 13, 2015 8 pm Public Hearing)
2. Horizontal Drilling is a work in progress with the planning board
3. Sale of SUV sold for $11,200

7.) New Business
1. Appointment of New ZBA Member
2. Adopt 2015 Budget
3. Medicare Insurance
4. Miscellaneous –

8.) Reports of Committees

9.) Town Board reports

10.) Recognized Privilege of the floor — Please stand state your name (You have 3 min. to air your request) Thank You

11.) Meetings & Correspondence

12.) Miscellaneous Information

13.) Approval of Abstract

14.) Next Meeting — December 9, 2014 at 7 PM

14.) Motion to Adjourn – Mayor John Wilson Orchard Park


Minutes of October 14, 2014 Town Board Meeting

Tags :

Category : Town Board

This Regular Meeting of the Brant Town Board was held on Tuesday, October 14, 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
Janet Bowman, Assessor’s clerk
Lee Brunelli, resident
Joseph Giambrone, Hwy. Superintendent
Stefan Mychajliw, Comptroller
Brian Campbell, SUN reporter

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

Prior to presentation of reports, Comptroller Stefan Mychajliw addressed the Town Board regarding some of the cost saving changes he had made to the County Budget, along with some of the improvements he had made.

MINUTE APPROVAL SEPTEMBER 9, 2014 Regular Town Board meeting. Councilman Gier motioned to accept the minutes of the September 9th, 2014 Town Board meeting, and was seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

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

BUDGET MODS: Supervisor Pero read his August 2014 Budget modifications:

MEMORANDUM

TO: Leonard Pero, Supervisor, Town of Brant 10/13/14

FROM: Richard A. Gryksa MBA, Town Accountant

SUBJECT: Recommended Budget Modification #3 as of : August-14

Please make a resolution at the regular Town Board meeting on October 14th 2014 to approve the
following change(s) to the 2014 Adopted Budget.

Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund – Townwide (A)
$ 697.00 (DR) Decrease A1990.4 Continent Account Contr Expend
$ (697.00) (CR) Increase A1355.4 Assessment Contr Expend $ 697.00

$ 2,510.00 (DR) Decrease A1990.4 Continent Account Contr Expend
$ (250.00) (CR) Increase A1440.4 Engineer Contr Expend $ 250.00

$ 205.00 (DR) Decrease A3120.4 Police Contr Expend
$ (205.00) (CR) Increase A3120.2 Police Equipment Equip & Cap Out $ 205.00

$ 4,012.00 (DR) Decrease A1990.4 Continent Account Contr Expend
$ (4,012.00) (CR) Increase A7110.4 Parks Contr Expend $ 4,011.06

$ 45.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefits
$ (45.00) (CR) Increase A9060.8 Medical & Dental Insurance Employee Benefits $ 44.41

A7550.4 Celebration Contr Expend $ 7,025.10
A7550.41 Celebration-Summerfest Events Contr Expend 1,465.62
$ 8,490.72
The total Summerfest Event expenses need to be reconciled and when completed
will be offset by funds carried in the T&A Fund.

APPROVAL OF BUDGET MODS LISTED ABOVE: Councilman Clark motioned to approve the budget mod as listed above, and was seconded by Councilman Kaczmarek. A roll call vote was taken: Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 5 ayes, 0 nays. MOTION CARRIED.

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

COURT CLERK’S AUGUST 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Kaczmarek made the motion to approve the financial reports and was seconded by Councilman Clark to approve both reports for August 2014 Bail and Regular account. 5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT: Supervisor Pero read the Code Enforcement Officer’s report for September. Councilman Gier motioned to approve the report as read, and was seconded by Councilman DeCarlo. 5 ayes, 0 nays. MOTION CARRIED.

DOG CONTROL OFFICER’S SEPTEMBER 2014 REPORT: Dog Control Officer Barbara Daniel presented her September Dog Report. She thanked Gernatt Gravel for the donation of stone she received for the kennel. Councilman Clark motioned to accept the report as read, and was seconded by Supervisor Pero. 5 ayes, 0 nays. MOTION CARRIED.

POLICE REPORT SEPTEMBER 2014: The September 2014 police report was read by Councilman Kaczmarek.
Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR SEPTEMBER 2014: The Town Clerk’s monthly activity report for September 2014 was read by Clerk Daniel. One of the items contained in her monthly report was a request to appoint Samantha Gier as Town Webmaster. She explained the Town Website is in need of revamping and needs to be kept more current. She requested the Board approve the monthly expense of $50 to $100 per month to come from her budget.
Councilman Clark motioned to approve the appointment of Samantha Gier at a monthly amount not
to exceed $100.00 to webmaster the Town Website. Councilman DeCarlo seconded the motion. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Gier-abstain, Supervisor Pero-aye. 4 ayes, 1 abstain. MOTION CARRIED.

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

PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski read the minutes of the September 23rd Planning Board meeting. Councilman Gier motioned to approve the report as presented, and was seconded by Councilman Kaczmarek. 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: No report received

FIRE DEPARTMENT REPORTS: Councilman Gier noted No reports received.

SENIOR’S REPORT: No Senior report received.

OLD BUSINESS:

ADDENDUM TO AG DISTRICT PERMITTED USE LAW: Supervisor Pero noted that the SEQR is almost complete. It must go to Erie County Planning, who has 30 days to review and respond. Supervisor Pero read the resolution naming the Town of Brant as Lead Agency in the SEQR process. Supervisor Pero reviewed the proposed law and asked that the Town consider expanding the language to include any type of indoor commercial use in an Ag district. Attorney Trask responded that to make such a change in the language of the proposed law would require a new E.A.F. No vote was taken. The discussion was tabled.

HORIZONTAL DRILLING: Supervisor Pero notes that the Planning Board was working on the law.

SPEED LIMIT REDUCTION REQUESTED: Supervisor Pero noted that he sent the letter to the NYS D.O.T. requesting the reduction in the speed limit on Lotus Point Rd.

AG DISTRICT PUBLIC NOTICE: Supervisor Pero read the 30 day notice regarding the ability for certain properties to be added as viable agricultural land (NYS 303B). Forms to apply are available at the Town Clerk’s Office.

LOTUS BAY EMERGENCY ACCESS ROAD: Supervisor Pero discussed a meeting he had with Ellen Ginrich, owner of Lotus Abode. He noted that Ellen decided to enter a one year agreement with the Town to allow the use of her roadway to allow emergency vehicles to access properties on Lotus Bay Estate Road. The Town would have to maintain it during winter, and repair any damage done in the spring. Attorney Trask responded that any agreement would have to be more formal. He also added that he felt Emergency Services should be contacted again to review the area for ease of access. No vote was taken.

2008 SUV EXPEDITION TO BE PUT ONLINE FOR SALE: Supervisor Pero informed the Board that the SUV bid is now up to $5,800 and the auction on the SUV is due to end on October 17.

CRYSTAL ROCK NEW WATER SYSTEM DELAY: It was noted that the new water purification units have not been installed yet. The building superintendent must drill holes in order to install the units as there needs to be a source of the Town water at each location.

SERVICE HONORING LINDA CROUSE HELD ON SEPT. 27, 2014: Supervisor Pero mentioned the success of the service held to honor Linda Crouse on September 27. He then thanked Allen Nolan, Nick Burbige, and Goldie DiSaverio for their help in the planning and preparation.

OCTOBER 25, 2014 IMMUNIZATIONS: The Visiting Nurses Association will administer Flu vaccines at the Community Bldg. on October 25th from 10 am to 2 pm. Contact the Supervisor’s office for appointments.

BRANT SENIORS PARKING: Supervisor Pero noted a resolution for the parking problem at the Recreation Building. He stated that a decision to place “Reserved Parking” covers over the current parking signs on the nights when seniors will be using the recreation area.

PUBLIC HEARING: COMMUNITY DEVLOPMENT GRANT / 8:00 PM

Town Clerk Barbara Daniel read the Legal Notice which was published in the Hamburg SUN on September 18, 2014:
TOWN OF BRANT
LEGAL NOTICE OF PUBLIC HEARING
THE TOWN OF BRANT will hold a public hearing on Tuesday, October 14, 2014 at 8:00 PM at the Brant Town Hall, 1272 Brant North Collins Rd., Brant, New York, regarding the use of Federal Community Development funds in the Town of Brant.
THE TOWN OF BRANT is eligible for a Federal Community Development grant under Title I of the Housing and Community Development Act of 1974, as amended.
THE PURPOSE OF the hearing is to provide an opportunity for Citizens to express Community development and housing needs and to discuss possible projects which would benefit low and moderate income persons in the Town of Brant.
CITIZENS ARE URGED to attend this meeting to make known their views and/or written proposals on the Town of Brant’s selection of potential projects to be submitted for possible funding by the Federal Community Development Grant Program.
THE HEARING WILL also present a review of prior Community Development projects and expenditures and a discussion of eligible activities. The meeting room is wheelchair accessible. Those needing special arrangements should call the Town of Brant at (716) 549-0282, ext. 2.
September 15, 2014
By order of the Brant Town Board
Barbara J. Daniel, Brant Town Clerk

Supervisor Pero then motioned to open the public hearing, and was seconded by Councilman Clark. 5 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero discussed a need for an automatic door opener for the Senior Community Building. It would allow the elderly and handicapped, easy entry to the building. Wheelchair access will be improved. Resident Joseph Ostrowski and his wife Lynda Ostrowski commended the idea as a good use of public funds. Discussion on listing this as the number one item was recommended. Item number two would be to request funding support for Rural Transit.

Councilman Gier motioned to close the Public Hearing, and seconded by Councilman Kaczmarek. 5 ayes, 0 nays. HEARING CLOSED.

At this time, Supervisor Pero read the following resolution:

RESOLUTION # 101414-001, AUTHORIZING SUPERVISOR PERO TO SIGN, SUBMIT AND EXECUTE A CONTRACT WITH ERIE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE FOLLOWING PROJECTS UPON APPROVAL IN ORDER:

1) HANDICAPPED ACCESSIBLE IMPROVEMENTS TO THE SENIOR COMMUNITY CENTER PROVIDING A 25% MATCH.
2) RURAL TRANSIT FUNDING SUPPORT

A Roll Call vote was taken: Councilman Gier – Aye, Councilman Clark-Aye, Councilman Kaczmarek- Aye, Councilman DeCarlo – Aye, Supervisor Pero – Aye. 5 AYES, 0 NAYS. RESOLUTION ADOPTED.

NEW BUSINESS:

2015 TENTATIVE BUDGET: The Board had received copies of the Tentative Budget from Town Clerk Daniel. A workshop to work on the budget will be held on Thursday October 16 at 7:00 Pm in the Town Hall Conference Room.

APPROVAL TO SEND CORRECTIVE ACTION PLAN RESPONSE TO THE NYS AUDIT: Supervisor Pero gave copies of the Corrective Action Plan he drafted in response to the recent NYS Comptroller Court audit. He now requested their approval to send the response. Councilman DeCarlo motioned to approve the response to be sent to the Comptroller, 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.
SET PUBLIC HEARING DATES FOR 2% TAX CAP LOCAL LAW #3 OF 2014 AND PUBLIC HEARING FOR PRELIMINARY BUDGET. The Town Clerk to advertise two public hearings set for November 12, 2014. The 2% Tax Cap Local law Hearing will be set for 8:00 PM and the Public Hearing for the 2015 Preliminary Budget will be held at 8:15 PM on Wednesday November 12, 2014. Councilman Gier motioned to approve the hearing date and times, 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.

ONE YEAR EXTENSION ON REFUSE CONTRACT WITH BESTWAY: Supervisor Pero motioned to extend the contract with Bestway Container Service for the refuse contract for one year, per the terms of the current contract. 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. RESOLUTION ADOPTED.

BAN NEGOTIATIONS: Supervisor Pero noted that he had been negotiating with Evans Bank to secure a BAN for the parking lot. The rates discussed were approximately 1.4%. No action was taken.

Code Enforcement Officer Gary Brecker arrived at 8:27 PM. Discussion about the Ag District permitted uses law amendment regarding the re-use of old buildings to house indoor commercial businesses. The Code Officer was also asked for an opinion on the use of Ellen Ginrich’s Lotus Abode road. The CEO responded that the Town’s primary concern is Emergency access.

JUSTICE COURT ASSISTANCE PROGRAM RESOLUTION:

The following resolution was offered by Supervisor Leonard K. Pero of the Town of Brant, who moved its adoption:

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

Whereas: The State of New York Unified Court System is entertaining applications for the Justice Court Assistance Program with an October 22, 2014 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.

Resolution was seconded by Councilman DeCarlo and duly put a vote, as follows:

Supervisor Leonard Pero Aye
Councilman DeCarlo Aye
Councilman Kaczmarek Aye
Councilman Clark Aye
Councilman Gier Aye Resolution adopted

UNIFIED JUSTICE COURT AUDIT: Supervisor Pero spoke with Gail Prudenti in Albany of the Unified Justice Courts. He stated that Gail instructed that the Town Board is to appoint 2 Board members (or an independent auditor) to review financial paperwork for the Justice Courts. The appointment should be done annually at the Organizational meeting. The financial reviews should be done throughout the year by those appointed by the Board.

SUNNKING ENVIRONMENTAL TOTALS: Changes are being implemented by SunnKing for the Electronic waste pickups. There will now be a 20 cents per pound fee charged to those dropping off old tube TV’s. The Town, in turn will start charging $10.00 per tube TV for disposal. The electronics dropped off during the One Stop event totaled 4,191 lbs.

SET HOURS AND DATE FOR HALLOWEEN TRICKS OR TREATS TOWNWIDE: Supervisor Pero asked that lights be left on outside for the children during trick or treat, which will be observed from 4 PM to 8 PM on October 31st.
Supervisor Pero motioned to accept the above dates and times for Tricks or Treats, and was seconded by the balance of the Board. 5 ayes, 0 nays. MOTION CARRIED.

SALT & GRIT AGREEMENT WITH LAKESHORE CENTRAL SCHOOLS: Discussion about the need to obtain current pricing on salt and grit in order to quote the cost of salt to the Lakeshore School District. Tabled until next meeting.

REPORT OF COMMITTEES:

Supervisor Pero discussed a meeting he had with FNABGL regarding the Climate Smart Task Force. Their next meeting will be held on October 3rd. FNABGL will hold their next meeting on March 6h, 2015 where a Geothermal presentation will be held. All are welcome to attend.

TOWN BOARD REPORTS:

COUNCILMAN GIER: Looking into the parking lot work and researching ways to save the tree.

COUNCILMAN KACZMAREK: Nothing to report

COUNCILMAN CLARK: Nothing to report.

COUNCILMAN DeCARLO: Nothing to report.

SUPERVISOR PERO:

• Supervisor Pero asked the Board to approve the “Code Of Conduct Handbook for the Police Department, per the request of Chief Donald Hepkins.
o Supervisor Pero motioned to approve the handbook, and 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.
• Supervisor Pero noted multiple ways that the Town shares services to keep down costs. The list will be sent to New York State per their request.
• Supervisor Pero read a report from the State Comptroller regarding how the Town of Brant’s scored in the State Comptroller’s report of Fiscal stress. The Town scored at 12.9% We scored at 22.5% in 2013.
• Set 2015 Summerfest meeting to Monday November 3rd at 7:00 PM
• Attended 12 meetings in September

RECOGNIZED PRIVILEGE OF THE FLOOR:

Secretary to the Boards Lynda Ostrowski updated the Board on the Town’s Facebook page. The posts are now withheld pending approval from one of the administrators. Therefore, unless a post is approved, it will not be visible to the public.

CORRESPONDENCE:

Supervisor Pero received the following correspondence:

• Letter of resignation from Lee Brunelli. Supervisor Pero noted that his resignation will be accepted with regret. Supervisor Pero motioned to accept the resignation, and was seconded by Councilman Gier. 5 ayes, 0 nays. MOTION CARRIED.
• Time Warner letter spoke of changes to their programing.
• Angola Public Library will hold a fundraiser on October 25th. Pre-sale tickets will be $20.00, or $25.00 at the door.
• Second October payment is 21.11% greater than same time in 2013. The Year to date totals are 4.9% above 2013.

——————————————————————————————————————————————
Supervisor Pero read the following Abstract:

Abstract 10 of 2014
*Prepaid and unpaid as of October 14, 2014
Gen Fund Town wide Vouchers Totaling: $63,216.59
Gen Fund – Part Town Voucher Totaling: $17,433.49
Highway T.W. Vouchers Totaling: $28,055.51
Highway P.T. Vouchers, Total $2,389.30
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $2,357.07
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 8/24/14 – 9/20/14 Totaling: $44,079.87
General Part Town Payroll 8/24/14 – 9/20/14 Totaling: $623.96
Highway Payroll TW 8/24/14 – 9/20/14 Totaling: $1,425.47
Highway Payroll PT 8/24/14 – 9/20/14 Totaling: $6,557.12

Councilman Gier motioned to approve payment of Abstract 10, 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. No roll call vote was taken. MOTION CARRIED.

Next month, because the second Tuesday falls on a holiday (Veterans Day), the Town Board meeting will be moved to Wednesday November 12, 2014 at 7:00 pm.

At 9:04 PM, the Town Board was asked by Town Attorney William Trask to go into executive session on a legal matter. Supervisor Pero motioned to go into executive session at 9:04 PM. He was seconded by Councilman Gier. 5 ayes, 0 nays. MOTION CARRIED.

At 9:09 PM, the Town Board returned from executive session. Supervisor Pero motioned to close the executive session at 9:09 PM. He was seconded by Councilman Gier. 5 ayes, 0 nays. MOTION CARRIED.

The following resolution was presented by the Town Attorney for Board vote:

The Brant Town Board hereby authorizes Town Attorney William Trask to send a Notice of Potential Claim to Brock, Schecter & Polocoff, LLP, the firm who lost the Grant Writers records. The Notice will advise the firm to alert their “Errors & Ommissions” underwriter of the potential claim.

Supervisor Pero motioned to authorize the Town Attorney to send the Notice, and 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.

At 9:11 PM, Supervisor Pero motioned to adjourn in memory of Mrs. Pantera who recently passed away, and was seconded by the balance of the Board. 5 ayes, o nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk


Agenda for October 14, 2014 Town Board Meeting

Tags :

Category : Town Board

Meeting Call to Order 7:00 PM

1.) PLEDGE TO THE FLAG — Recognition of Dignitaries, Officials and Visitors

2.) Approval of Minutes – September 9, 2014 Town Board meeting

3.) Monthly Reports
1. Supervisor’s Financial Reports
2. Town Clerk/Tax Collector Report
3. Court Clerk’s Financial Reports Justice
4. Code Enforcement Officers Report
5. Dog Control Officer’s Report
6. Police Report
7. Town Clerk’s Report to the Board
8. Planning & Zoning Board’s Report
9. Recreation Director Report
10. Parks Commissioner Report
11. Town Historian Report
12. Fire Company Reports
13. Brant Farnham Seniors

4.) Public Hearings – 8 PM CDBG Public Hearing

5.) Acknowledgment of the floor for Visitors, Invited Guests and Presenters

6.) Old Business
1. Addendum to current laws (Ag district permitted use) (SEQR)
2. Horizontal Drilling
3. Speed limit change
4. Ag Public notice
5. Lotus Bay Emergency access road
6. Sale of SUV
7. Crystal Rock
8. Honor Linda Crouse September 27th
9. 10/25 Visiting Nurses Association Immunization 10 am – 2 PM
10. Brant Seniors Parking

7.) New Business
1. Resolution for CDBG Grant
2. 2015 Tentative Budget
3. Corrective Action Plan
4. Set Date Public Hearing Budget
5. Refuse Contract extension
6. BANs
7. Unified Justice Courts
8. SunnKing Environmental
9. Set Date and Hours for Halloween
10. Miscellaneous – Fire & ambulance Contract through 2016 , Lake Shore Salt & Grit Contract

8.) Reports of Committees
9.) Town Board reports

10.) Recognized Privilege of the floor — Please stand state your name (You have 3 min. to air your request) Thank You
11.) Meetings & Correspondence
12.) Miscellaneous Information
13.) Approval of Abstract
14.) Motion to Adjourn –


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