Minutes for September 8, 2015 Town Board Meeting
Category : Town Board
Minutes for September 8, 2015 Town Board Meeting
This Regular Meeting of the Brant Town Board was held on Tuesday, September 8, 2015 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.
Leonard K. Pero, Supervisor
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman
Donald Clark, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary
Also present and signed in were:
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Ronald Kobel, Resident
Joseph Giambrone, Highway Superintendent
Donald Hepkins, Chief of Police
Debra Ritz, resident
Brian Rott, resident
Denny Kane, resident
Joe Wittenzellner, resident
Joyce Ellis, resident
John Arrigo, property owner
George Cordia, resident (Village Trustee)
Jere Hoisington, resident (Village Trustee)
Henry Hannnel, resident
Brian Campbell, SUN reporter
The meeting opened at 7:30 PM with a pledge to the flag.
APPROVAL OF THE AUGUST 11, 2015 TOWN BOARD MEETING MINUTES. Councilman DeCarlo motioned to accept the minutes of the August 11th Town Board meetings, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman DeCarlo moved and was seconded by Councilman Kaczmarek to accept the Supervisor’s July 2015 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
BUDGET MODS: Supervisor Pero read his budget modifications:
SUBJECT: Recommended Budget Modification # 3 as of : July 31, 2015
Please make a resolution at the regular Town Board meeting on September 8th 2015 to approve the
following Budget Modifications to the 2015 Adopted Budget.
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund – Townwide (A)
$ 849.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ (697.00) (CR) Increase A1110.22 Municipal Court Grant Equip & Cap Out $ 696.65
$ (152.00) (CR) Increase A1110.42 Municipal Court Grant Contr Expend $ 151.82
$ 3,066.00 (DR) Decrease A1460.21 Records Management Grant Equip & Cap Out
$ (3,021.00) (CR) Increase A1460.11 Records Management Grant Pers Serv $ 8,493.00
$ (45.00) (CR) Increase A1460.41 Records Management Grant Contr Expend $ 45.00
$ 34.00 (DR) Decrease A1990.4 Continget Account Contr Expend
$ (34.00) (CR) Increase A1620.4 Buildings & Grounds Contr Expend $ 33.94
$ 2,295.00 (DR) Decrease A1990.4 Continget Account Contr Expend
$ (2,295.00) (CR) Increase A1680.4 Central Data Proc-Payroll Service Contr Expend $ 1,294.55
The above budget modification includes an adjustment for a time clock update charge of $2,950.
$ 4,000.00 (DR) Decrease A1990.4 Continget Account Contr Expend
$ (4,000.00) (CR) Increase A9060.8 Medical & Dental Ins Employee Benefit $ 1,164.25
The above budget modification includes an estimate to cover the nethealth expense to year end.
General- Part Town (B)
$ 327.00 (DR) Decrease B9030.8 Refuse & Garbage Contr Expend
$ (327.00) (CR) Increase B4989.4 Control of Hazardous Materials Contr Expend $ 326.45
Highway – Townwide (DA)
$ 1,368.00 (CR) Increase DA4960 Fed Aid,Emergency Disasder Assist Revenue
$ (1,360.00) (CR) Increase DA5140.1 Misc(Brush & Weeds) Contr Expend $ 1,359.62
(8.00) (CR) Increase DA9060.8 Medical & Dental Insurance Employee Benefit 7.85
The above modification is offset by the Federal Aid received for the November 2014 snow storm, in the amount of $50,618.66, but not included in the 2015 Adopted Budget.
Councilman Kaczmarek motioned to approve the budget modification as presented and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Kaczmarek-aye, Councilman DeCalo-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Supervisor Pero moved to accept the Town Clerk’s July 2015 Regular Financial Report as read. He was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S JULY 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Clark made the motion to approve the July 2015 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: CEO Brecker presented his August report. Councilman DeCarlo motioned to accept the report as read, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.
During and following the presentation of the Code Officer’s report, the following discussion took place:
Supervisor Pero presented a drawing of a proposed park area to be created on the west end of the Weitsman Scrap yard. Supervisor Pero noted that Weitsman is planning on turning the west side of the yard into a park like setting, which would reduce the size of the yard by 50%.
Joyce Ellis noted that she has contacted the D.E.C. Attorney Trask noted that such a change would constitute a change in the site plan. He asked if CEO Brecker would have the Planning Board review the proposed changes to the site. CEO Brecker noted that no new construction was going to occur. It was a simple matter of moving machinery. Trask then asked if a new site plan would be required for the Town record. He suggested making the voluntary changes mandatory. CEO Brecker noted that he will see about making the changes mandatory next year with the renewal of the special use permit. Joe Wittenzellner asked if the Town could put a height limit on the piles. Other questions included what is the deadline for the promised trees and grass. CEO Brecker said there was no deadline for the trees and grass. Attorney Trask then advised the CEO to place a written deadline for the completion of the block wall.
DOG CONTROL OFFICER’S AUGUST 2015 REPORT: Dog Control Officer Barbara Daniel presented her
August Dog report. Councilman DeCarlo motioned to accept the reports as read, and was seconded by
Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT AUGUST 2015: The August 2015 police report was presented 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 AUGUST 2015: The Town Clerk’s monthly activity report for August 2015 was presented by Clerk Daniel. Supervisor Pero moved to accept the Town Clerk’s August activity report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD AUGUST REPORT: Secretary Lynda Ostrowski read the Planning Board for August. She noted the September 9th Public Hearing for the Beuzenburg variance application to build a 24X24 garage. A variance would be required because the location of the build did not meet area requirements.
Councilman Clark motioned to approve the Planning Board report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: None was presented
RECREATION DIRECTOR’S REPORT: Supervisor Pero stated a report would be available for next month.
PARKS COMMISSIONER REPORT: None presented
TOWN HISTORIAN REPORT: The Town Historian minutes were read by Supervisor Pero. Councilman Kaczmarek motioned to approve the report as presented. He was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: No reports presented. Councilman Clark noted that the Bingo game for last Thursday was cancelled due to Herman Ciminesi’s death.
SENIOR’S REPORT: Minutes of the Senior’s September meeting were read by Secretary Lynda Ostrowski. In response to the Senior’s report, the Board noted that any cabinets wanted by the Senior’s need to be purchased with their money. Councilman Clark motioned to accept the minutes as read. He was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
ACKNOWLEDGMENT OF VISITORS:
Supervisor Pero acknowledged Jere Hoisington’s attendance.
WARGULA PROPERTY PURCHASE: Attorney Trask spoke about the contract which will be drafted for the purchase. He noted that the Town needs to find an outside surveyor to do the survey. It was mentioned that the Town could use “Manguso” for the survey. GHD would be involved in the survey process.
E-WASTE UPDATE: Supervisor Pero summarized the tire and ewaste drop off from August. Town residents dropped off 32 tires and 23 electronic items.
ONE STOP DROP PLANNED FOR OCTOBER 3RD: Supervisor Pero was informed that “NEST” and Erie County will be financing the next One Stop Drop which will be held at the Town of Brant’s Highway Barn on October 3rd starting at 8:00 AM to noon. They will be accepting old paint, oil, light bulbs, etc. It will be the same as the one sponsored by the Town in 2014 but this one will be paid for by the County.
NEW STREETLIGHT ON POLE NUMBER 169 ON MILESTRIP RD: Supervisor Pero updated the Board in regards to the new streetlight to be installed on Pole #169 on Milestrip Rd. An email from Fran Popiglia noted that the condition of the pole requires it to be changed before a light can be installed. But that is moving forward, and a new pole is scheduled.
CONCEPTUAL PLAN FOR LAKE PROPERTY PURCHASE: Supervisor Pero advised the Board that approval of the finalized SEQR for the Lake Property purchase will be on the agenda for the October 13 Town Board meeting.
PURCHASE OF LOTUS ABODE, LLC: Attorney Trask advised the Town Board that before a contract can be entered for the purchase of the Lotus Abode property, three items have to be completed.
1) SEQRA must be completed
2) A formal authorization to enter into the contract must be approved by the Board
3) The adoption of a borrowing resolution
The attorney informed the Town Board that he has been advised by Bond Counsel that if the Town approves a pay off over five (5) years, no referendum vote would be required. If the Board requests a six (6) year or more to payoff, then the purchase would trigger a referendum vote. Supervisor Pero added that he wanted the closing to occur in January, which would allow him time to budget the money for the first year’s payment. Attorney Trask questioned if the seller would be paying for the survey.
SET OCTOBER 8TH, 2015 AS NEXT INFORMATION MEETING FOR THE LAKE PROPERTY PURCHASE: Supervisor Pero then advised the public of a special meeting that will be held on October 8th at 6:00 PM. It will be a special information meeting for those who still have questions or concerns about the purchase.
SET PUBLIC HEARING FOR CDBG: Supervisor Pero motioned to set a public hearing for the CDBG grant application, which is done annually. The public hearing will be held Tuesday October 13th at 8:00 PM. Councilman Clark seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
30 DAY AGRICULTURAL DISTRICT MODIFICATION: Supervisor Pero noted that requests will accepted from September 1st to September 30th from agricultural landowners who wish to request a modification to an existing agricultural district. The form is available through the Town Clerk’s office.
RESOLUTION TO BAN THE USE OF MICRO-BEADS IN New York State:
A Resolution Submitted by Town of Brant Supervisor Leonard K. Pero Chairman of LEWPA and
The Erie County Water Quality Committees
Resolution of Micro Bead Legislation in the State of New York
September 1, 2015
TO Governor Andrew Cuomo, the New York State Legislation and to whom it may concern:
Whereas: The Association of Towns fully supports a Ban on Micro Beads use in the State of New York.
Whereas: It is Imperative that the New York State Senate, Assembly and the Honorable Governor Andrew Cuomo work together to protect our most valuable water resources from destruction.
Whereas: Micro Beads have been shown to accumulate in our fish and wildlife and have the potential to concentrate toxins in their core and destroy their bodies and reproductive systems.
Whereas: It has been shown that Micro Beads constitute 20% of the micro plastics and are the dominant pollution in the Great Lakes and may eventually cause major concern to our drinking water.
Whereas: Much investment has begun and has been going on for decades to clean up our water allow this intruder into our clean lakes would be devastating. Unfortunately to remove micro beads from our waste water treatment plants is very cost prohibitive and because plastics are magnets for chemicals, they tend to carry these components and then leach out over time in our clean waters.
Whereas: Many Counties in New York State do recognize this problem and some have proposed legislation to curb and fight this problem, but they need help of the New York Legislators to outlaw the sale of this very dangerous product and thus protect our environment.
Whereas: The discouraging of the use of products containing Micro Beads is a more immediate solution to the problem and through media advertising, warning and educating the consumer about the impact on our aquatic and wildlife and the impact on the health of the residents of the State may be a quicker solution.
Now Therefore: As a State that relies on fishing and tourism for economic development, it is critical to address this emerging issue swiftly to minimize the amount of damage to our frail environment and our business community.
NOW Therefore, BE IT Further RESOLVED: that the New York State Senate and Assembly must work with Governor Andrew Cuomo to take the lead and enact the “Micro Beads water – Free Act” and encourage other States to act quickly in the name of protecting this valuable asset of fresh quality water for the good of all and preserving this quality resource for future generations to enjoy.
Supervisor Pero motioned to adopt the resolution as presented, and was seconded by Councilman Kaczmarek. A roll call vote was taken:
REFUSE BID REQUESTS AND DATE OF OPENING OF BIDS SET: The Refuse bid specs will be advertized with a deadline for bids set for Monday, November 2nd at 12:00 PM local time. Attorney Trask advised the Supervisor that this job must be registered with the NYS Dept. of Labor. It must be noted that it is a two year contract with an option for up to 2 one year extensions.
REPORTS OF COMMITTEES:
BOARD OF REVIEW APPOINTMENT: Supervisor Pero motioned to approve the reappointment of Virginia Schilling to the Board of Assessment and Review for a five (5) year term. The term will be October 1st, 2015 to September 30, 2020. 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.
DEPUTY TOWN CLERK APPOINTMENT: The Town Clerk requested the Board approve the appointment of Angela Joy as Deputy Town Clerk at $10.00 per hour until her training is completed. Supervisor Pero motioned to approve the appointment. 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.
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Noted that he is waiting on bids.
COUNCILMAN CLARK: Thanked the Farnham officials for attending the meeting
COUNCILMAN DECARLO: Nothing to report
• Garbage pickup will be one day late due to holiday
• Time Warner has expressed interest in expanding their service in our Town
• Visiting Nurses will hold a flu shot clinic at the community building on Saturday Oct. 24 from 10 AM to 2 PM
• Working on the 2016 Budget, letters went to all department heads
• Property Tax cap: Supervisor’s Summit meeting was regarding the .73% limit to budget increase
• Bond Payment completed: The Town has made their final Bond payment for the Water District #1
• Town Hall parking lot work will started Sept 15 and end approximately Sept 18. The Black top was purchased on State bid for under $20,000.
• Discussing with Solar Liberty the Phase 1 of the Solar project
• Attended 11 meetings in August
o Councilman Clark asked about the September sales tax: Pero noted the current payment is 4.96% above 2014 and 2.18% above the year to date from 2014 year to date amounts
RECOGNIZED PRIVILEGE OF THE FLOOR: Denny Kane commended the Board on a good job. Wished them good luck in the election and noted the importance of voting.
Supervisor Pero received the following correspondence:
• HEAP energy update: Letter from HEAP notes the dates for HEAP applications. Contact him for the dates.
• NYS Public Service letter regarding regional information sessions (mergers, etc)
• National Grid is about to conduct tree maintenance in the Town
• Letter from Time Warner regarding changes in their programming
• Letters from Town residents:
o Madison Turnbull (13 yr old) of Versailles Plank requests Town help in acquiring cable for all Town residents. Her letter expresses the hardships of not having access to cable.
o Ray & Deb Szafranski of Hardpan expressed frustration over the $300/month expense to have internet at their home, requests Town to push for cable.
Niagara County Legislature: NIMAC is requesting donations from area Towns for the Air force base. It was decided that no donation would be sent.
Supervisor Pero read the Abstract:
¬¬¬¬¬¬Abstract 9 of 2015
*Prepaid and unpaid as of September 8, 2015
Gen Fund Town wide Vouchers Totaling: $28,937.75
Gen Fund – Part Town Voucher Totaling: $7,688.74
Highway T.W. Vouchers Totaling: $3,959.64
Highway P.T. Vouchers, Total $1,030.30
Fire Protection: Vouchers: Totaling: 0
Street lighting: Voucher totaling: $2,175.47
H Capital Projects: Vouchers none, Totaling: $10,000.00
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 07/26/15 – 8/22/15 Totaling: $70,544.32
General Part Town Payroll 07/26/15 – 8/22/15 Totaling: $633.30
Highway Payroll TW 07/26/15 – 8/22/15 Totaling: $0
Highway Payroll PT 07/26/15 – 8/22/15 Totaling: $8,212.06
Councilman Clark motioned to approve Abstract 9 as presented, 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.
NOTE: Request Audit & Pre-Approval of payment on Abstract 10
A7020.4 S&S WORLDWIDE, RECREATION ITEMS ORIGINALLY DUE 7/2/15………………………………. $ 79.49
A7110.4 GERNATT ASPHALT 500 FT ROLL X 12.5’ X 432’ ROLL MIRAFI FABRIC…………………………$405.00
A1220.4 ASSOCIATION OF ERIE COUNTY GOVERNMENT- (MEETING)……………………………………….$ 45.00
A1670.4 BRANT POST MASTER – STAMPS………………….. ………………………………………………………..$98.00
A9060.8 & DA9060.8 – DELTA DENTAL OF NY, INC……………………………………………………………………$139.77
A9730.6 & .7 – EVANS BANK – FINAL PRINCIPAL & INTEREST ON TOWN HALL PURCHASE……….$30,418.83
DA9730.6 & .7 – EVANS BANK – FINAL PRINCIPAL & INTEREST ON KENWORTH PURCHASE………$20279.22
Councilman DeCarlo motioned to approve the above for prepayment on Abstract 10 as presented, 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 CARIED.
Supervisor Pero then announced the next regular Town Board meeting as October 13, 2015 at 7:00 PM. Also, a public information meeting will be held on October 8th, 2015 at 6:00 PM regarding the lake property purchase.
Supervisor Pero motioned to adjourn the meeting at 9:26 PM in honor of Herman Ciminesi who recently passed away. The balance of the Board seconded the motion. 4 ayes, 0 nays. MEETING ADJOURNED.
Barbara J Daniel, Brant Town Clerk