Minutes for March 10, 2015 Town Board Meeting

Minutes for March 10, 2015 Town Board Meeting

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Minutes for March 10, 2015 Town Board Meeting

Minutes of the March 10, 2015 Town Board mtg

This Regular Meeting of the Brant Town Board was held on Tuesday, March 10, 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

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
Neil Ross, Planning Board member
Joseph Giambrone, Highway Superintendent
Joseph DeCarlo, Assessor
Joyce Ellis, resident
Debra Ritz, resident
Brian Rott, resident
Joe Wittenzellner, resident
Phyllis Mogavero, resident
Mark Mogavero, resident
Brian Campbell, SUN reporter

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

APPROVAL OF THE FEBRUARY 10, 2015 REGULAR TOWN BOARD MEETING. Councilman Kaczmarek motioned to accept the minutes of both meetings, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT: Councilman DeCarlo moved and was seconded by Councilman Clark to accept the Supervisor’s January 2015 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.

BUDGET MODS:

Supervisor Pero read the Budget modifications. Councilman Kaczmarek motioned to accept the budget mods as presented, 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.

Budget Mods were as follows:

SUBJECT: Recommended Budget Modification # 6 as of : Year End 12/31/2014

Please make a resolution at the regular Town Board meeting on March 10th 2015 to approve the
following Year End Budget Modifications to the 2014 Adopted Budget.

Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund – Townwide (A)
$ 1,390.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (1,390.00) (CR) Increase A1220.11 Supervisor Secretary Pers Serv $ 1,389.25

$ 800.00 (DR) Decrease A1220.2 Supervisor Equip & Cap Out
219.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ 1,019.00 (CR) Increase A1220.4 Supervisor Contr Expend $ 1,018.81

$ 200.00 (DR) Decrease A1355.12 Assessment Board of Review Pers Serv
376.00 (DR) Decrease A1355.2 Assessment Equip & Cap Out
$ (576.00) (CR) Increase A1355.11 Assessment Clerk Pers Serv $ 575.11

$ 25.00 (DR) Decrease A1355.2 Assessment Equip & Cap Out
$ (25.00) (CR) Increase A1355.4 Assessment Contr Expend $ 24.95

$ 1,462.00 (DR) Decrease A1621.1 New Town Hall Pers Serv
$ (1,462.00) (CR) Increase A1621.4 New Town Hall Contr Expend $ 1,461.31

$ 318.00 (DR) Decrease A1625.1 Recreation Building Pers Serv
$ (318.00) (CR) Increase A1625.4 Recreation Building Contr Expend $ 317.66

$ 459.00 (DR) Decrease A1680.4 Central Data Processing Contr Expend
$ (459.00) (CR) Increase A1670.4 Central Print & Mail Contr Expend $ 458.09

$ 303.00 (DR) Decrease A3120.12 Police (Court Baliff) Pers Serv
$ (303.00) (CR) Increase A3120.1 Police (Chief) Pers Serv $ 303.00

$ 1,232.00 (DR) Decrease A3120.12 Police (Court Baliff) Pers Serv
446.00 (DR) Decrease A3120.13 Police (Court Appearances) Pers Serv
745.00 (DR) Decrease A3120.4 Police Contr Expend
2,400.00 (DR) Decrease A3120.41 Police/Radio Air Card Contr Expend
1,000.00 (DR) Decrease A3310.1 Traffic Control (Bunny Grant) Pers Serv
1,200.00 (DR) Decrease A3310.11 Traffic Control (STEP Grant) Pers Serv
69.00 (DR) Decrease A3310.2 Traffic Control Equip & Cap Out
$ 7,092.00 (CR) Increase A3120.11 Police (officers, Guards) Pers Serv $ 7,091.69

$ 323.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (323.00) (CR) Increase A7110.4 Parks Contr Expend $ 322.16

$ 101.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (101.00) (CR) Increase A7550.4 Celebrations Contr Expend $ 100.27

$ 1,097.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
803.00 (DR) Decrease A7410.4 Library Contr Expend
$ (1,900.00) (CR) Increase A8760.1 Emergency Disaster Work Pers Serv $ 1,900.00

$ 1,653.00 (DR) Decrease A7510.4 Historian Contr Expend
$ (1,653.00) (CR) Increase A8760.4 Emergency Disaster Work Contr Expend $ 1,652.44

General – Part Town (B)

$ 162.00 (DR) Decrease B8160.4 Refuse & Garbage Contr Expend
$ (162.00) (CR) Increase B8010.4 Zoning Contr Expend $ 161.52

62.00 (DR) Decrease B8160.4 Refuse & Garbage Contr Expend
$ (62.00) (CR) Increase B8011.4 Zoning Board of Appeals Contr Expend $ 61.15

$ 955.00 (DR) Decrease B8160.4 Refuse & Garbage Contr Expend
$ (955.00) (CR) Increase B8011.4 Planning Contr Expend $ 955.00

Highway Fund – Townwide (DA)

DA5130.4 Machinery Contr Expend $ 4,519.36
DA5142.1 Snow Removal Pers Serv 2,310.37
DA5142.4 Snow Removal Contr Expend 6,935.25
DA8760.4 Emergency Disaster Work Contr Expend 1,485.40
$ (15,250.38)

The above expenditures resulted in the 2014 Budget being over spent by $15,250.38 due to the November
Storm (11/17 to 11/23) and the severe weather experienced during the month of December.
Claims were filed with FEMA and the County of Erie for reimbursement of our snow removal expenses.
This siuation will result in a year end fund balance of approximately $25,000 and will therefore affect
the 2015 Budget Year which appropriated $51,000 of the Fund Balance.
. Thus, approximately $26,000 of the total appropriations budget ($196,872) will be unfunded.

Water District #1 (SW)

SW8340.4 Transmission/Distribution Contr Expend $ 3,875.00

This over drawn appropriation will result in a deficit year end fund balance of $3,306.

TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Clark moved to accept the Town Clerk’s January 2015 Regular Financial Report and the Tax Collection Financial Report. He was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

COURT CLERK’S JANUARY 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve the January 2015 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: CEO Brecker was not present. His report will be presented upon his arrival.

DOG CONTROL OFFICER’S JANUARY 2015 REPORTS: Dog Control Officer Barbara Daniel verbally summarized her report for February 2015. She will provide a written report with her March report at the April meeting. No vote was taken.

POLICE REPORT FEBRUARY 2015: The February 2015 police report was read by Councilman Mark DeCarlo.
Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR FEBRUARY 2015: The Town Clerk’s monthly activity report for February 2015 was read by Clerk Daniel. Councilman DeCarlo moved to accept the Town Clerk’s February Activity report as read, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S FEBRUARY REPORT: Code Enforcement Officer Gary Brecker arrived at 7:20 PM and presented his February Code Officer’s report.

Prior to approving his report, Councilman Kaczmarek motioned to allow public discussion regarding the meeting held with Weitsman. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

Councilman Kaczmarek noted that the trucks that were using Hardpan Road were Flex-O-Vit. They have been recently notified to use Route 20 to Route 249. Councilman Kaczmarek also noted items discussed at the meeting he and Supervisor Pero recently had with Mr. Weitsman. Some of the items discussed were:
• Paving of the Lot
• Lighting
• Equipment lights
• Limiting the use of equipment on Sundays

Resident Joe Wittenzellner noted that scrap prices are down right now. He is worried that when the prices rise again, the noise will pick up again. He also requests a copy of the Special Use Permit so that he can monitor the activity to be usre it is compliance with the conditions of the permit.

Resident Mark Mogavero wants a week notice of any future meetings with Weitsman.

Resident Joyce Ellis requests a copy of the permit issued to Weitsman. She was instructed to forward any FOIL requests to the Town Clerk’s Office.

Joyce Ellis will be notified and invited to the next meeting to be held with Mr. Weitsman.

At the conclusion of the above discussion, Councilman Kaczmarek motioned to accept the Code Enforcement Officer’s report as presented prior to discussion. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

PLANNING BOARD REPORT: Zoning Board secretary Lynda Ostrowski read her report for the February 24th Planning Board meeting. The Planning Board heard the application of Lonkey Collision to open a collision repair shop at 10962 Southwestern Blvd. It was also announced that Planning Board meetings will now be held on the first Monday of each month. Councilman Clark motioned to accept the reports as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.

SET PUBLIC HEARING FOR LONKEY SPECIAL USE PERMIT APPLICATION: Supervisor Pero motioned to set a public hearing for April 14th at 8:00 PM to vote on the Lonkey Collision shop application. Councilman DeCarlo seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

ZONING BOARD REPORT: No meeting held.

RECREATION DIRECTOR’S REPORT: Nothing to report.

PARKS COMMISSIONER’S REPORT: Nothing to report.

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

Supervisor Pero then acknowledged the correspondence between Code Officer Brecker and the Assessor’s office who requested copies of permits.

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 Clark. 4 ayes, 0 nays. MOTION CARRIED.

FIRE DEPARTMENT REPORTS: No reports were received.

OLD BUSINESS:

2015 CHEVY TAHOE: Supervisor Pero noted that the new police SUV is currently being painted. The cost of the Tahoe was $32,945.45.

NYS MUNICIPAL GRANT: Supervisor Pero spoke with Keith Brian and noted that despite the fact that Senator Grisanti was defeated in the election, the grants for the Town Hall are still in the pipeline.

COUNTY & FEMA REIMBURSEMENTS: Supervisor Pero mentioned that his request to FEMA reimbursement for the expenses suffered as a result of the November snow storm. The reimbursement should be approximately $44,000 to $50,000.

SUNNKING E-WASTE: Supervisor Pero read from a letter from N.E.S.T. stating they will be retaining the services of SUNNKING for E-Waste. The Town will begin the e-waste again in the spring.

NEW BUSINESS:

LETTER OF RESIGNATION FROM PATROLMAN BRIAN HANNER: Supervisor Pero read a letter of resignation from Patrolman Brian Hanner. Hanner resigned from the Brant Police on March 5th, 2015 after being hired by Chautauqua County Sheriff’s Department. The entire Town Board motioned to accept the resignation with regret, and the entire Town Board seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.

REPORTS OF COMMITTEES: Lynda Ostrowski and Barbara Daniel spoke of a meeting they held regarding the website project. Another meeting will be held when the committee’s third member, Frank Broughton returns from overseas.

TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Nothing to report

COUNCILMAN CLARK: Working with Lynda Ostrowski on the Summer concerts. He will also be
working with Councilman Kaczmarek to work out any conflicts with the Football schedule.

COUNCILMAN DeCARLO: Nothing to report.

SUPERVISOR PERO:
o Solar Liberty will be installing a meter on the Highway Garage to allow those interested to log online at NYSERDA to see the electric generated.
o DOT letter regarding the scheduled road closing on Route 438 that was supposed to be re-opened on March 6, but has been delayed due to the delay in the shipment of steel. The re-opening of Route 438 has now been rescheduled for the end of April.
o DOT letter regarding the bridge replacement (Cross Culvert #7 of the State)
o Single Audit Request County: Supervisor Pero sent in the grant certifications
o Summerfest meeting date will be decided at a later date (originally scheduled for March 23rd at 6:30 PM)
o Government Efficiency Plan Summary: The NYS governor has issued an order for local towns to show a plan to lower taxes. Supervisor Pero noted that this will adversely affect the tight budget he has kept for his time in office. He added that the mandate is unfunded.
o Supervisor Pero attended 10 meetings in February
o Supervisor Pero read through his year-end Financial Summary.

RECOGNIZED PRIVILEGE OF THE FLOOR: No one spoke

CORRESPONDENCE:

Supervisor Pero received the following correspondence:

• Letter from Highway Clerk Willa Rosenblatt complaining in the reduction in her pay. Supervisor Pero noted that she works from 1 to 1-1/2 hours every two weeks which translates to approximately 3 hours a month. Supervisor Pero noted that some of the clerk’s work has been placed onto other Town staff which who are not being paid to do the work which should be part of the Highway Clerk duties. [clerk note: clerk’s pay was reduced from $3,500 per year salary to $1,500/year salary].
• Letter from National Fuel
• Meals on Wheels is looking for volunteers
• Sales Tax March payment is 2.94% greater than the 2014 corresponding payment
• Letter from Time Warner regarding their programming changes

Supervisor Pero read the following Abstracts:

¬¬¬¬¬¬
Abstract 15 of 2014

*Prepaid and unpaid as of March 10, 2015

Gen Fund Town wide Vouchers Totaling: $0.00
Fire Protection: Vouchers: Totaling: $10,865.00
Abstract 3 of 2015
*Prepaid and unpaid as of March 10, 2015

Gen Fund Town wide Vouchers Totaling: $71,230.86
Gen Fund – Part Town Voucher Totaling: $7,577.93
Highway T.W. Vouchers Totaling: $16,740.87
Highway P.T. Vouchers, Total $807.39
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $2,683.69
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 1/25/14 – 2/21/15 Totaling: $40,561.66
General Part Town Payroll 1/25/14 – 2/21/15 Totaling: $633.30
Highway Payroll TW 1/25/14 – 2/21/15 Totaling: $13,901.15
Highway Payroll PT 1/25/14 – 2/21/15 Totaling: $0

Also approved were two vouchers that arrived after the abstract was completed:

1) IRR Supply $165.68 (Thermostat for the Community Bldg and thermostat cover for Rec Bldg)
2) Time Warner $81.44

Councilman Clark motioned to approve payment of Abstract 15 of 2014 and Abstract 3 of 2015, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

Next Board meeting will be held April 14, 2015 at 7:00 PM.

At 8:30 PM, Supervisor Pero spoke fondly of the recently deceased Rose Trask, the mother of Town Attorney William Trask. He mentioned how caring she was. The entire Board motioned to adjourn in her memory. The entire Board seconded the motion. 4 ayes, 0 nays. MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk


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