This Regular Meeting of the Brant Town Board was held on Tuesday, February 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 (arrived at 7:50 PM)
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
Donald Hepkins, Police Chief
Joyce Ellis, resident
Brenda Emminger, resident
Karl Simmeth, NYS Assembly representative
Debra Ritz, resident
Brian Rott, resident
Lee A. Widmer-Wick (Boys & Girls Club)
Brian Campbell, SUN reporter
The meeting opened at 7:00 PM with a pledge to the flag.
APPROVAL OF THE JANUARY 6, 2015 ORGANIZATIONAL MEETING AND JANUARY 6, 2015 REGULAR TOWN BOARD MEETING. Councilman Clark motioned to accept the minutes of both meetings, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman DeCarlo to accept the Supervisor’s December 2014 Financial Report as presented. 3 ayes, 0 nays. MOTION CARRIED.
BUDGET MODS: No budget mods were presented.
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. 3 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S DECEMBER 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Supervisor Pero made the motion to approve the December 2014 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: CEO Brecker presented his January report. Councilman Clark asked how the surveillance project was going for the Weitsman issue. Supervisor Pero noted that a meeting was scheduled for the next day with the owner, Ben Weitsman. Councilman Clark motioned to accept the report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S JANUARY 2015 REPORTS: Dog Control Officer Barbara Daniel presented her report for January 2015. She provided the Board with her recent Ag & Mkts inspections. Councilman DeCarlo motioned to accept the report as presented, and was seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT JANUARY 2015: The January 2015 police report was read by Police Chief Donald Hepkins.
Supervisor Pero motioned to approve the report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR JANUARY 2015: The Town Clerk’s monthly activity report for January 2015 was read by Clerk Daniel. Councilman Clark moved to accept the Town Clerk’s January Activity report as read, and was seconded by Councilman DeCarlo. 3 ayes, 0 nays. MOTION CARRIED.
ZONING BOARD REPORT: Zoning Board secretary Lynda Ostrowski read the reports for two Zoning Board meetings. The first was for the January 28, 2015 meeting and the second was for the February 5th meeting where the Board adopted a more formal resolution regarding the Lotus Bay fence issue. Councilman DeCarlo motioned to accept the reports as read, and was seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: No meeting 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 Clark. 3 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: No reports were received, per Councilman Clark.
SENIOR’S REPORT: Minutes of the Senior’s February meeting were read by secretary Lynda Ostrowski. Councilman DeCarlo motioned to accept the minutes as read. He was seconded by Councilman Clark. 3 ayes, 0 nays. MOTION CARRIED.
OLD BUSINESS:
Supervisor Pero gave a brief CDBG projects review:
• The 2015 CDBG grant has been approved for Rural Transit in the amount of $270,000.
• Declined for the 2015 CDBG year was the request to install automatic door opener for the Senior Community Bldg in the amount of $18,500.00
WATER CONTRACT WITH VILLAGE OF FARNHAM EXTENDED TO DEC. 31, 2015: Supervisor Pero motioned to extend the Water contract with the Village of Farnham until December 31, 2015. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Clark-aye. 3 ayes, 0 nays. MOTION CARRIED.
MISCELLANEOUS:
POLICE CHEVY TAHOE: Supervisor Pero announced that the new Chevy Tahoe is now in stock.
NEW BUSINESS:
RESOLUTION OF SUPPORT FOR COUNTY WIDE EFFICIENCY PLAN:
Supervisor Pero motioned to adoption of the following resolution:
RESOLUTION SUPPORTING THE TOWN OF BRANT SUPPORTING TOWN/VILLAGE PARTICIPATION IN COUNTYWIDE GOVERNMENT EFFICIENCY PLAN.
WHEREAS, Governor Andrew Cuomo and the New York State Legislature enacted the Property Tax Freeze Credit to provide tax refunds to homeowners as part of the 2015-2015 State Budget; and
WHEREAS, the new law encourages local governments to generate long-term tax relief for taxpayers by sharing services, consolidating or merging, and demonstrating and implementing operational efficiencies; and
WHEREAS, in year one of the program, which is 2015 for local governments, homeowners will receive the Freeze Credit if their local government stays within the property tax cap; and
WHEREAS, in year two of the program, which is 2016 for local governments, homeowners will receive the Freeze Credit for property taxes from any taxing jurisdiction in which the homeowner resides that stays within the property tax cap and puts forward a State-approved Government Efficiency Plan demonstrating savings equivalent to one percent of their property tax levies in each of the following three years; and
WHEREAS, while local governments may take a variety of approaches to develop their Government Efficiency Plans, the State has strongly encouraged they convene and facilitate a process to develop and submit county-wide Government Efficiency Plans; and
WHEREAS, as exemplified in the recent establishment of the Buffalo Erie Niagara Land Improvement Corporation in 2012, this community has a history of receiving recognition by the State for demonstrating successful regional collaborations involving many municipalities; and
WHEREAS, Erie County has offered to coordinate the development of such Government Efficiency Plans as the “lead agency” on behalf of all interested municipalities; and
WHEREAS, the Town of Brant is interested in intergovernmental cooperation with Erie County and other municipalities in submitting a county-wide Government Efficiency Plan and desires to memorialize its intention to participate in a coordinated Plan to allow its homeowners to receive the Freeze Credit.
NOW, THEREFORE, BE IT RESOLVED that the Town of Brant seeks to ensure that Town/Village homeowners will receive the Freeze Credit as part of the new State law; and
BE IT FURTHER RESOLVED that the Town of Brant did not exceed its designated property tax cap for fiscal year 2015 and memorializes that it has no intention of exceeding the cap for fiscal year 2016, which if exceeded would disqualify the Town/village from participation in the Property Tax Cap Freeze Credit Program; and
BE IT FURTHER RESOLVED that the Brant Town Board does hereby express its support for, and participation in an Erie County-wide Government Efficiency Plan; and
BE IT FURTHER RESOLVED that the Town Board urges the New York State Division of the Budget to approve Erie County’s coordinated Government Efficiency Plan with local governments with the understanding that Brant has played an active role in the identification of preexisting and implementation of new services, consolidations or merges, and operational efficiencies within the Town of Brant for inclusion in the country-wide plan; and
BE IT FURTHER RESOLVED that certified copies of this resolution shall be forwarded to the Erie County Executive; the Commissioner of the Department of Environment and Planning; the County Comptroller; the County Attorney; the Director of Budget and Management; and the Association of Erie County Governments.
Councilman DeCarlo seconded the motion to adopt the above resolution. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Clark-aye. 3 ayes, 0 nays. RESOLUTION ADOPTED.
EVANS AGENCY INSURANCE QUOTE: Supervisor Pero noted a 4 ½% increase in the premium, which amounts to $1,991.00 increase total. The annual premium went from $38,847 to 40,478. Councilman DeCarlo motioned to approve the payment, and was seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Supervisor Pero-aye. 3 ayes, 0 nays. MOTION CARRIED.
REPORTS OF COMMITTEES: Tech Committee to consist of Frank Broughton, Lynda Ostrowski, and Barbara Daniel. They will hold a meeting soon to discuss changes for the website.
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Has not arrived at meeting yet.
COUNCILMAN CLARK: Working with Lynda Ostrowski on the Summer concerts. Also attend
the January 28 ZBA Mtg.
COUNCILMAN DeCARLO: Nothing to report.
SUPERVISOR PERO:
Discussed a meeting scheduled with Weitsman for the next day to discuss issues
Discussed the FEMA kickoff meeting to be held Friday February 13, 2015
Reminded the Board that he will be attending NYC training Feb. 15 – 18.
Noted that the Brant Summerfest meeting will be held on Friday February 20, 2015 at 6:30 PM
Mentioned the March 6th FNABGL meeting will be held at 2 PM. Topic will be Geothermal
Attended 10 meetings in January. Supervisor Pero summarized the topics of the meetings he attended. He will summarize his monthly meetings at each Board mtg. His next meeting will be Feb. 17, 2015 and will cover Solar Energy.
RECOGNIZED PRIVILEGE OF THE FLOOR:
Joyce Ellis of Brant Farnham Road mentioned a letter he wrote Code Officer Gary Brecker regarding her foil for copies of any permits issued by the Code officer. Items her letter requested:
• Copies of any building permits issued for the Weitsman property
• Copies of any determinations made by the Town Board regarding this parcel
• Questioned the date that the Special Use permit expires for the Weitsman business
Phyllis Mogavero spoke about items falling off her shelves due to the pounding and vibration. She reiterated Ms. Ellis’ concerns and noted that the property was not supposed to be used as a junkyard after Kusior vacated the property. Brenda Emminger asked Supervisor Pero what he expected to accomplish with the meeting. Supervisor Pero noted what he and Councilman Kaczmarek would discuss all their concerns about hours of operation, use of Hardpan Road, lighting, noise, etc.
CORRESPONDENCE:
Supervisor Pero received the following correspondence:
• The first item correspondence he presented was a resolution he received from the Erie County Legislature Clerk’s Office. Supervisor Pero read the proposed resolution, requesting the Board to approve a letter of support:
STATE OF NEW YORK
LEGISLATURE OF ERIE COUNTY
CLERK’S OFFICE
BUFFALO, N.Y., JANUARY 29, 2015
TO WHOM IT MAY CONCERN:
I HEREBY CERTIFY, that at the 2nd Session of the Legislature of Erie County, held in the Legislative Chambers in the City of Buffalo, on the twenty-ninth day of January, 2015 A.D., a Resolution was adopted, of which the following is a true copy:
A RESOLUTION TO BE SUBMITTED BY LEGISLATOR MILLER-WILLIAMS
WHEREAS, recent reports from administrators of Erie Community College (ECC) concerning the onerous and antiquated system of Community College Chargeback Rates that require taxpayers to pay a fee when residents of Erie County attend two-year schools elsewhere in the state warrants review by the Erie County Legislature; and
WHEREAS, ECC Chief Administrator and Financial Officer recently highlighted the need for a review by the Erie County Legislature in a memo sent to the ECC Board of Trustees which discussed the amount of municipal dollars that are being used to pay for the education of residents who attend a NYS Community College other than ECC; and
WHEREAS, the amount totaled over $5.4 million in 2013 with taxpayers in Tonawanda & Kenmore paying $846,204 extra in property taxes and taxpayers in Amherst/Williamsville paying $910,670 extra property taxes as a result of their residents attending a NYS Community College other than ECC; and
WHEREAS, this chargeback policy was implemented into State law in the 1950’s, and is inadvertently causing an undue burden on Erie County’s struggling local governments, a review of this policy is warranted by this Honorable Body’s Community Enrichment Committee in order to hear from stakeholders and formulate a multi-partisan strategy to address this issue with the WNY State Delegation and encourage reform of this chargeback policy.
NOW, THEREFORE BE IT RESOLVED, that the Erie County Legislature conveys its support for the reform of the Community College Chargeback Policy that has put a financial strain on Erie County and it’s municipalities; and be it further
RESOLVED, that this matter be fully discussed at a future meeting of the Erie County Legislature Community Enrichment Committee with representatives from ECC and stakeholders from local governments to formulate a plan to address this issue and encourage reform of this policy with Albany policymakers; and be it further
RESOLVED, that certified copies of this resolution shall be forwarded to the County Executive, the leadership at ECC, local State Senate and State Assembly Representatives, and to each municipality in Erie County.
Councilman DeCarlo motioned to approve the sending of a letter of support regarding the above resolution presented by the Erie County Legislature. Supervisor Pero seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
• Department of Ag & Mkts letter notifying the Town of its obligation to seek veterinarian care to stabilize any injured or suffering dog which may be seized by Brant Dog Control.
• Letter from Erie County to Ellsworth Nolan regarding a water issue update.
• Meals on Wheels letter requesting volunteers to deliver meals
• Sales Tax is running above 2014 figures for corresponding dates and is 2.64% above 2014 YTD
• Letter from Assessor DeCarlo stating his clerk will be out of the office for the following dates ________________
• Read the flyer regarding the “Thank a Vet” event to be held on March 13, 2015 from 1 PM to 3:30 PM in the Town of Evans.
MISCELLANEOUS: Councilman Kaczmarek stated he has a meeting set up regarding the use of the Time Clocks. He also asked if the Clerk could provide the Town Board minutes quicker.
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Supervisor Pero read the following Abstracts:
Abstract 14 of 2014
*Prepaid and unpaid as of February 10, 2015
Gen Fund Town wide Vouchers Totaling: $8,322.79
Abstract 2 of 2015
*Prepaid and unpaid as of February 10, 2015
Gen Fund Town wide Vouchers Totaling: $28,157.33
Gen Fund – Part Town Voucher Totaling: $9,097.84
Highway T.W. Vouchers Totaling: $23,443.53
Highway P.T. Vouchers, Total $13,533.52
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $3,132.66
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 12/28/14 - 1/24/15 Totaling: $40,124.78
General Part Town Payroll 12/28/14 - 1/24/15 Totaling: $633.30
Highway Payroll TW 12/28/14 - 1/24/15 Totaling: $11,632.10
Highway Payroll PT 12/28/14 - 1/24/15 Totaling: $0
Councilman DeCarlo motioned to approve payment of Abstract 14 of 2014 and Abstract 2 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 March 10, 2015 at 7:00 PM.
At 8:07 PM, the entire Board motioned to adjourn in memory of the recently passed Jessie Ciminesi and Ward Weiser. The entire Board seconded the motion. 4 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk
