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 9^TH WORKSHOP RECORD AND THE JUNE 13^TH 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 31^st, 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

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 19^th 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 15^th, 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

WHERAS, 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 22^nd 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

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