TOWN BOARD MINUTES 7-11-06


Minutes of the regular meeting of the Brant Town Board held on Tuesday July 11, 2006 at the Brant Town Hall at 1294 Brant North Collins Rd., Brant, New York. There were present: Supervisor Leonard K. Pero Councilman John Arrigo Councilman Jeffrey W. Gier Councilwoman Roseann Turner Councilman John J. Chiavetta Recording Secretary: Town Clerk Thea A. Ells Attorney William Trask Sr. Arrived (8:40) Also present were: Martin E. Rosiek, resident Joseph Gardyjan, Planning Board Chair Dean Stressing, Town Crier David Hock, Chief of Police Charles Arrigo, resident Brian Campbell, The Sun Lee & Jean Brunelli, resident Dan Witczak, resident Gary Brecker, Code Officer Brian Kauzala, resident Charles Arrigo, resident 1) PLEDGE TO THE FLAG At 7:30 PM a pledge to the flag was led by Supervisor Pero, and the meeting was called to order. Supervisor Pero made a short announcement to the audience: Nothing at this meeting should be taken personally; this is about a Town Board meeting making decisions in the best interest of the Town for its residents. 2) APPROVAL OF MINUTES On a motion from Councilman Chiavetta, seconded by Councilman Gier, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUNE 9TH WORKSHOP RECORD AND THE JUNE 13TH BOARD MINUTES BE ACCEPTED 3) MONTHLY REPORTS On a motion from Councilwoman Turner, seconded by Councilman Arrigo the following BUDGET MODIFICAITON RESOLUTION 071106-#19 for the period ending May 31st, 2006 was approved: 5 AYES- 0 NAYS: Councilwoman Roseann Turner Voting Aye Councilman John Arrigo Voting Aye Supervisor Leonard K. Pero Voting Aye Councilman Jeffrey Gier Voting Aye Councilman John J. Chiavetta Voting Aye $ 4,410.22 increase A510 Estimated Revenues $ 4,410.22 increase A960 Appropriations $ 4,410.22 increase A3060 State Aid-Records Management $ 4,410.22 increase A1460.42 Records Mgmt Grant-Contr Expend To increase the 2006 Estimated Revenues and Appropriations Budget and the related revenue expenditure accounts per the Federal CDBG Grant administered thru Erie County. $ 347.00 increase A510 Estimated Revenues $ 347.00 increase A960 Appropriations $ 347.00 increase A4910 Federal Aid-CDBG Grant $ 347.00 increase A7110.21 Memorial Park Streetscape $ (1,359.00) from A3120.4 Police-Contr Expend $ 999.00 to A3120.41 Police-Contr Expend( Secretar/Consulting Svs) $ (29.00) from A1670.4 Central Print/Mail-Contr Expend $ 29.00 to A1660.4 Central Storeroom-Contr Expend On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE SUPERVISORS FINANCIAL REPORT ENDING MAY 31ST BE ACCEPTED AS READ BY SUPERVISOR PERO On a motion from Councilman Arrigo, seconded by Councilman Gier, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE TOWN CLERKS AND TAX COLLECTORS JUNE FINANCIAL RECONCILIATION REPORT BE ACCEPTED AS REVIEWED BY BOARD MEMBERS On a motion from Councilman Chiavetta, seconded by Councilwoman Turner the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUSTICE CLERKS JUNE FINANCIAL RECONCILIATION REPORT FOR GUGINO BAIL & JUSTICE ACCOUNT AND RITZ BAIL & JUSTICE ACCOUNT BE ACCEPTED AS REVIEWED BY BOARD MEMBERS Gary Brecker read from his report and recommended to the Town Board that they consider placing a fee on the following permits being issued that presently require no fee. On a motion from Supervisor Pero, seconded by Councilman Gier the following Permit Fee Resolution 071106-#20 was approved: 5 AYES- 0 NAYS: Supervisor Leonard K. Pero Voting Aye Councilman Jeffrey Gier Voting Aye Councilman John Arrigo Voting Aye Councilwoman Roseann Turner Voting Aye Councilman John J. Chiavetta Voting Aye Permit Fees set: Above Ground Pool: $10.00 In ground Pool: $15.00 Decks and Porches: $15.00 Solid Fuel Burning Stoves: $10.00 Chimneys: $10.00 On a motion from Councilwoman Turner and seconded by Councilman Chiavetta, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUNE CODE ENFORCEMENT OFFICER?S REPORT BE ACCEPTED AS READ BY GARY BRECKER On a motion from Supervisor Pero, seconded by Councilman Gier, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUNE DOG CONTROL OFFICERS REPORT BE ACCEPTED AS READ BY LIAISON COUNCILMAN ARRIGO. On a motion from Councilman Arrigo, seconded by Councilwoman Turner, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE JUNE POLICE PATROL REPORT BE ACCEPTED AS READ BY CHIEF DAVID HOCK Supervisor Pero asked Chief Hock to mention some of his recent activities which included a drug bust in Gowanda, incident on Indian Hill Rd, and a raid with the FBI. Chief Hock explained to those present that when he and Officer Ambo are participants in a raid or bust and there are items of value or use and or a monetary amount awarded from the incident that the Town would receive a portion of the proceeds. Trustee Schilling from the Village of Farnham asked if the Police Department might be in need of AED?s as she was working on acquiring some for the Village, and received a positive answer from Chief Hock. On a motion from Councilman Gier, seconded by Councilman Arrigo, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE TOWN CLERKS JUNE REPORT BE ACCEPTED AS READ BY CLERK THEA ELLS On a motion from Supervisor Pero, seconded by Councilman Gier, the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: THAT THE PLANNING BOARD REPORT AND UPDATE BY JOSEPH GARDYJAN BE ACCEPTED Clerks note: All Department Reports are attached in Minute Book; financial reports are filed in respective offices. WATER DISTRICT: Nothing new to report. BRANT REVITALIZATION COMMITTEE: Supervisor Pero reported that recreation had started and has 123 children enrolled; he overviewed the daily schedule and mentioned the various field trips the children would be going on. He also stated the pool hours and fees. Supervisor Pero reminded those present that the Brant Summer Fest is this upcoming weekend and stated that various people and groups were preparing for the event. 4) OLD BUSINESS: 1) Real Property Contract 100% Equalization: Councilman Chiavetta stated that he had done research with various state and local officials concerning the equalization rate. He highlighted the results of his research to the other board members: Everybody pays their fair share, explained that the Town is broke into five neighborhoods and the assessors are to analyze each area accordingly. Our local assessor has the final say until the BAR meets and there is also an appeal process. He reported that the exemptions are not effected by the assessment. Chiavetta stated that there might be a questionnaire included in an upcoming newsletter which would allow property owners to fill out and return to the assessors to eliminate errors. Chiavetta recommended to the Board that they agree to stay at 100 equalization rate. Councilwoman Turner supported the signing of the contract also by stating that while the system is not perfect it is fair and equitable to property owners. Supervisor Pero opened the meeting for comments from residents. Marty Rosiek supported the contract by stating the revenue received helps offset the assessors? salary and the distribution of the tax levy is fair and evenly divided with 100% equalization. Trustee Schilling commented that all towns in Erie County are going to be 100% soon. Councilman Pero stated that he still does not fully agree with the 100% if we have been at 100% the last six years and yet properties went up 30% - 40%in one year. Councilman Arrigo expressed his concern that he thinks the realtors are over inflating the market and higher assessments are the result. Councilman Chiavetta expressed that the assessor needs guidance from the Town Board. On a motion from Councilman Chiavetta, duly seconded by Councilwoman Turner the following RESOLUTION 071106-#20A was adopted with a roll call vote: 3 AYES- 2 NAYS Councilman Chiavetta Voting Aye Councilwoman Turner Voting Aye Supervisor Leonard K. Pero Voting Nay Councilman Arrigo Voting Nay Councilman Gier Voting Aye ADOPTED: TO SIGN A MEMORANDUM OF UNDERSTANDING WITH NEW YORK STATE REAL PROPERTY SERVICE FOR 100 % EQUALIZATION RATE 2.) Grant Review Supervisor Pero read from a report of the recent grants we have received, the grants we are waiting for approval on and announcing that we just received notification of being awarded two Local Government Records Management Improvement funds from New York State Archives: 1) $5,211.00 for update of the Code Book, placing on CD and the Web site., 2) $13971.00 for new file cabinets and filing supplies, class time and wages for work for the Supervisors office. 3.) Junkyard Committee Supervisor Pero named committee assigned to review and make recommendation to the Board as: Councilman Arrigo, Councilman Gier, Attorney Trask, Code Office Brecker, and Planning Chair Gardyjan. The next meeting which is not open to the public is Wednesday July 19th at 7:00 PM. 5.) New Business 1. Appointments On a motion from Councilman Arrigo, and seconded by Supervisor Pero the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO APPOINT THE FOLLOWING PEOPLE AS COUNSELORS FOR SUMMER RECREATION AND LIFEGUARDS- Peter Pero, Joe Inglut, Andy Driscoll, Katie Pero, Jim Forster, Jacy Lipowicz, Kyle Hoffman, Katie Bantle, Jennifer Ruth, Amanda Brunelli, Alicia Guadagno, Katherine Marien, Jillian Kobe, Marissa Graci, Erica Page, Jason Renaldo, Aaron Renaldo, Kelly Wurster, Jacob Graci, Anna Bryant, Samantha Timm, Elizabeth Inglut, Michelle Loomis, Tara Sager, and Emma Grennell with all veteran Councilors having a wage freeze of previous wage per hour except for those who would need to be raised to at least minimum wage of $6.75. 9. Sponsorship Supervisor Pero reread a statement which was read last month: Let?s make it perfectly clear, in no way will the Town of Brant compensate or finance any applicant that enters the Police Academy. The responsibility for schooling in this matter is not the duty of the Town of Brant. Furthermore, sponsoring does not imply that a sponsored individual will be hired as an officer of the Brant Police Department upon graduation. It is required that the hiring of any individual be approved by the Board of the Town of Brant first. On a motion from Councilwoman Turner, and seconded by Councilman Arrigo the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO SPONSOR BRIAN KAUZALA OF 1100 MILESTRIP RD IN BRANT TO ATTEND THE POLICE ACADEMY WITH THE UNDERSTANDING OF THE ABOVE STATEMENT 2. Summer Fest Proclamation: Supervisor Leonard K. Pero, Councilman John Arrigo, Councilman Jeffrey Gier Councilwoman Roseann Turner, and Councilman John Chiavetta unanimously proclaimed that WHEREAS, The Brant Revitalization Committee has organized a town wide garage, lawn sale and Brant Fest July 15th, 2006 from 11:00 am to 7;00 pm and WHEREAS, much effort and resources have been extended in planning and developing this event and WHEREAS, the goal of the committee is to increase participation and make local citizens aware of what our community has to offer NOW, THEREFORE BE IT RESOLVED, that the BRANT TOWN BOARD and SUPERVISOR wish to thank the Brant Revitalization Committee for their commitment to improve our community and be it FURTHER RESOLVED, that local events such as this will result in increased participation and help make our community a better place to live and raise a family and be it FURTHER RESOLVED that the participants in Brant Fest 2006 shall celebrate their success today and enjoy your day. 3. Letter Road Patrol Supervisor Pero read from the following letter which was sent July 1, and he reported that he had attended a meeting today where he and others from the Erie County Association of Towns met with several legislatures and he came away from the meeting with a good outlook for the future. Dear Mr. Giambra, Re: Erie County Sheriff?s Department Road Patrols On May 25, 2006 you wrote describing your proposal to charge our community for basic police services currently provided by the Erie County Sheriff?s Department. The letter requested a response by July 1, 2006. The Town Board of the Town of Brant has discussed the plan. We have met with other Towns and Villages that are also faced with this issue. There is unanimous agreement that your proposal is fundamentally flawed and we will not agree to the proposal. We oppose your plan, not only because it is contrary to law, but because it disregards the County?s responsibilities--and your individual public duty--to County residents. While we will save the legal arguments for court if that becomes necessary (and we hope it does not), you should recognize that there are few, if any, functions that County government provides that are more essential than providing the basic police services you refer to as ?road patrol.? It is inconceivable that the Sheriff could fulfill his legal responsibilities as an officer of the court and conservator of the peace within the County if he cannot respond to a 911 call or provide basic police protection services. In addition, you are (we hope) aware that the New York State Comptroller, in an opinion which is directly on point, stated that a county cannot charge back to individual municipalities the cost of Sheriff's department road patrols within such municipalities. Op. St. Comp No. 93-13. In that opinion, the Comptroller stated ?the cost of operating and maintaining the sheriff's department is a county-wide charge,? and there is ?no statutory authority for a county to charge back the cost of a sheriff's road patrol services to particular municipalities, even if the concentration of services is greater in those municipalities.? A significant part of the Erie County Sheriff?s Department budget for ?road patrol? services is spent in cities, towns and villages which would not be charged for services under you plan. We believe that your attempt to pass along general County taxes to the residents of selected towns and villages is unfair, and that it would constitute the imposition and collection of taxes without proper State legislative authority. The public duty issues are equally compelling. Public safety is one the most important functions of government. We believe that it is truly unconscionable that you would forsake your obligation to our residents by proposing that they be denied basic police protection services from the County unless they pay extra for it. The County provides millions and millions of dollars of non-mandated services to a multitude of municipalities without any charge. The costs of these services are spread among communities throughout the County including those that do not benefit from the specific service. The examples include Central Police Services, County parks, beaches, golf courses, Buffalo?s E-911 call center, Health Department rodent control and housing violation programs. The list is nearly endless. It is beyond comprehension that you would propose retaining any non-mandated service like beaches and parks over basic police protection services. And it is equally beyond comprehension that you would propose picking this most vital of the public services that the County provides as the only service that would be discontinued unless our residents disproportionately pay extra taxes to subsidize the County?s costs. In addition, you should be aware that under your proposal, the final proposed charge to the Town of Brant likely exceeds what it would cost the town to provide those services independently. If this proposal were to come to fruition, acting in the best interests of our taxpayers, the Town of Brant may have no choice but to hire additional police at the local level or contract with another municipality. This would result in the layoff of many of the dedicated professional deputies who have played a vital public safety role in Western New York, and the proliferation of small independent police departments across Western New York. This is the antithesis of ?Regionalism,? an enforced property tax increase, and bad business for Western New York generally. We hope that you and the County Legislature will comply with the law, bear in mind your responsibility to the residents of the County, and not proceed with your proposal. However, we are prepared to pursue whatever legal options are available if the County insists on abrogating its duty to provide basic police services and unfairly taxing our residents. If you have any questions or need additional information, please feel free to contact me. Regards, Leonard K. Pero, Town of Brant Supervisor 4. Resolution Sales Tax On a motion from Councilman Arrigo, duly seconded by Councilman Gier the following RESOLUTION 071106-#21 was adopted with a roll call vote: 5 AYES- 0 NAYS Councilman Arrigo Voting Aye Councilman Gier Voting Aye Supervisor Leonard K. Pero Voting Aye Councilwoman Turner Voting Aye Councilman Chiavetta Voting Aye ADOPTED: THE FOLLOWING TERMINATION OF THE 1977 SALES TAX REVENUE DISTRIBUTION AGREEMENT WHEREAS, on December 30, 1977, the County of Erie, the City of Buffalo, the City of Lackawanna and the City of Tonawanda entered into an agreement in regard to the sales tax revenues distribution; and WHEREAS, the agreement provided a disposition of 25.6858 per cent to the cities and the areas outside the cities in proportion to their respective populations as determined in accordance with the latest decennial federal census; and WHEREAS, the population in Erie County has shifted in the last three decades and the current formula for sales tax distribution is no longer equitable; and WHEREAS, section 3 of the Agreement dated December 30, 1977 provides that at any time subsequent to November 30, 1982, each party to the agreement shall have the right to terminate said agreement by giving one(1) year?s prior written notice, served upon each of the parties; and NOW, THEREFORE, BE IT RESOLVED, that the Town of Brant supports the terminating of the current 1977 Sales Tax Revenue Distribution Agreement; and be it further RESOLVED, that the Town of Brant further supports the right of the Erie County Legislature to adopt a resolution to terminate said agreement ; and be it further RESOLVED, that any new Agreement shall provide for a fair and more equitable distribution of the sales tax to the cities, towns and villages in proportion to their respective populations determined in accordance with the latest decennial federal census as the fair and equitable allocation; and be it further RESOLVED, that a certified copy of this resolution be forwarded to each member of the Erie County Legislature, Erie County Executive Joel Giambra, the Mayors of the City of Buffalo, City of Lackawanna, City of Tonawanda, Town Supervisors and Village Mayors of Erie County. 5. Lake Shore Central Joint Meeting Supervisor Pero reported that Councilman Gier and he attended a joint meeting concerning the YES program which supports and encourages youth involvement in Community Services and Government involvement. 6. Committee Route 5 Corridor Supervisor Pero announced a new committee which will meet and report on the Route 5 Corridor which runs from the Cattaraugus Indian Reservation to Evans Town Line. The Committee will work on Clean Up & Build up along the corridor working with the Village of Farnham. Committee: Supervisor Pero, Mayor Caber, Councilman Chiavetta, Trustee Krtanjek. 7. Insurance School Supervisor Pero announced that there will be a Insurance reduction class held on Monday and Tuesday August 21 & 22 at the Brant Community Building for four hours each day from 6:45 till 9:45. This is open to all Brant residents at a cost of $20.00 and $30 00 for any non - resident: upon completion attendee will receive 10% reduction in insurance and may reduce 4 points off driving record. 6.) Correspondence & Meetings 1. Town Forum Meeting Meeting is to be held at 1:00 PM on Saturday July 22nd at the Brant Town Hall Meeting Room ? The public is welcome and encouraged to attend. 2. Resolution from North Collins Acknowledged receipt of resolution opposing the County?s Four year plan 3. Town Resident Supervisor Pero read a letter from a resident who attended the last board meeting complimenting the board on their efforts and changes he saw in how the board approaches issues in the Town. 7. Miscellaneous Information 1. Thank You (flags) (flowers) Supervisor Pero expressed the Towns appreciation to Roseann Morgano for all her efforts in acquiring donations and purchasing the flags for the four corners in Brant. He named all who have donated for the flags and thanked the Highway men for putting up the flags and for all their efforts of late. Pero named those whose efforts have made the Brant Summer Fest possible, such as John Chiavetta placing the sign and Marty Rosiek donating flowers. Pero announced that if anyone wanted to donate there will be pavers and a clock tower going in at Memorial Park. 2. Solar, Wind & Farm Wash Supervisor Pero announced that the Governor had signed the bill to give Real Property Tax Exemption for energy improvements. He thanked Bill Henry for doing such a great job and there will be more information available. 8.) Councilman Reports John Arrigo - Employee Hand Book will review with the rest of the Board at the next work shop Jeffrey Gier - Sign Fence ? getting prices Roseann Turner ? John Chiavetta- Free directory assistance available at #1-800-383-3411 10.) Approval of Abstract 7 On a motion from Councilman Arrigo, and seconded by Councilman Gier the following was: Ayes 5 Pero, Arrigo, Gier, Turner, Chiavetta Nays 0 ADOPTED: TO APPROVE THE JULY ABSTRACT AS SHOWN FOR PAYMENT AND AS READ BY SUPERVISOR PERO ABSTRACT 6 FOR THE YEAR 2006 General Fund Town wide Vouchers 288-335 Totaling: $22,812.89 Street lighting Voucher 6 Totaling: $ 1,808.51 General Fund ? Part Town Vouchers Totaling: $25.00 Highway Town wide Vouchers 56-59 Totaling: $2,005.75 Highway Part Town Voucher 6-7 Totaling: $2,928.63 General Town wide ? Payroll Totaling: $21446.98 General Fund Part town Payroll - Totaling: $390.14 Highway Payroll Totaling: $6562.34 Note for payroll** entire month of June Supervisor Pero opened the ACKNOWLEDGEMENT OF VISITORS if anyone present had any questions or concerns. Martin Rosiek Complimented the Board for their clear thinking and research on issues and their hard work. Lee Brunelli asked that the Chief address the problems with speeders in the Town Park 12.) Motion to Adjourn On a motion from Councilman Chiavetta, and seconded by Councilman Gier the following was Ayes 5 Pero, Arrigo, Gier, Chiavetta, Turner Nays 0 ADOPTED: ADOPTED TO ADJOURN THE MEETING OF JULY 11, 2006 AT 9:05 PM. Respectfully submitted, Thea A. Ells Brant Town Clerk APPROVED BY: SUPERVISOR PERO COUNCILMAN ARRIGO COUNCILMAN GIER COUNCILWOMAN TURNER COUNCILMAN CHIAVETTA