This Regular Meeting of the Brant Town Board was held on Tuesday February 12th, 2013 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:30 PM.

PRESENT WERE:
Leonard K. Pero Supervisor
Jeffrey Gier Councilman
Donald Clark Councilman
Chad Kaczmarek Councilman
William J Trask, Sr. Town Attorney
Barbara J Daniel Town Clerk, Recording Secretary
ABSENT WAS: Councilman Clark Borngraber
ALSO PRESENT AND SIGNED IN WERE:
Donald Hepkins Police Chief
Joseph Ostrowski Planning Board Chairman
Lynda Ostrowski Secretary to the Boards
Lee Brunelli ZBA member
Janice Ross Planning Board member
Neil Ross Planning Board Alt.
Charles Arrigo Highway Laborer
Joseph Giambrone Highway Superintendent
Diane Czyz Deputy Town Clerk
Brian Rott Resident
Allen Nolan Town Hall Superintendent
Michele Browning Supervisor Secretary
Joseph DeCarlo Assessor
Mark DeCarlo Resident
Janet Bowman Assessor’s Clerk
Beverly Wasmund Resident-past councilwoman
Brian Campbell Reporter for the SUN

The meeting opened at 7:30 PM with a pledge to the Flag.

A Motion was made by Councilman Gier, and seconded by Councilman Clark to accept the minutes of the January 3rd, 2013 Organizational Meeting and the January 8th, 2013 Regular Town Board meeting. MOTION CARRIED.

Councilman Gier moved and was seconded by Councilman Kaczmarek, to accept the Supervisor’s Financial Report as presented. MOTION CARRIED.

Councilman Kaczmarek motioned to accept the Supervisor’s Budget modification as listed below, and was seconded by Councilman Gier. A roll call vote was taken: Councilman Kaczmarek-aye,
Councilman Gier-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

The Budget Officer explained that an overpayment on one of the Town’s BAN resulted in a need to move funds remaining unused in other accounts to balance the budget.

(SEE PDF VERSION FOR BUDGET INFORMATION)


Councilman Gier moved to accept the Town Clerk’s December 2012 Financial Report, and was seconded by Supervisor Pero. MOTION CARRIED.

Councilman Clark moved to accept the Court Clerk’s December 2012 Financial Report for Justice Gugino and Justice Crouse. Councilman Kaczmarek seconded the motion. MOTION CARRIED.

Due to illness in January, Code Enforcement Officer Gary Brecker presented both his December and January reports. Supervisor Pero moved to approve the reports and was seconded by Councilman Kaczmarek. MOTION CARRIED.

Code Officer Gary Brecker then requested the Board approve the permit application of AT&T for the installation of additional antennae to a Cell Tower located at 633 Cain Rd. Councilman Gier moved to approve the permit and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

Dog Control Officer Barbara Daniel read the Dog Control Report. Councilman Gier moved to accept the Dog Control Officer’s report for January 2013. The motion was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

The January 2013 Police report was read by Chief Donald Hepkins. Councilman Clark moved to accept the January report as presented, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

Town Clerk Barbara Daniel presented her monthly activity report for January 2013. Supervisor Pero moved to accept the Town Clerk’s Report to the Board and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED

The Town Clerk then asked the Board to approve the insertion of a short survey with each tax bill to select residents (those in the Lake Shore district) seeking their opinion on the possibility of returning the Lake Shore School district tax collection to the Brant Town Clerk’s Office. The Board was in favor of the survey and recommended adding a small Town information sheet for the residents. Councilman Gier moved to approve the mailing insert and survey, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.

The Town Clerk then asked the Board to adopt the following resolution regarding the use of New York State’s MU-1 Retention schedule for determining the disposition of the Inactive records now being reviewed, sorted and purged during the current inactive records grant project.

RESOLUTION MU-1 ADOPTION:

WHEREAS, the Town of Brant Town Clerk’s Office is in the process of sorting, purging and determining retention of inactive records per the NYS Archive Grant;

RESOLVED, By the Town Board of the Town of Brant that Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts & Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.

FURTHER RESOLVED, that in accordance with Article 57-A:

a) Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention periods described therein;

b) Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.

Supervisor Pero moved to adopt the above resolution accepting the MU-1 Retention schedule as the Town’s guide to determining retention values of inactive records that are currently being reviewed in relation to the Inactive Records Grant. He was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye, Councilman Gier-aye. 4 ayes, 0 nays. RESOLUTION ADOPTED.

Planning Board Report: Councilman Gier motioned to accept the January 2013 Planning Board Report as presented by Secretary Lynda Ostrowski, and was seconded by Supervisor Pero. 4 ayes, 0 nays. MOTION CARRIED.

The Zoning Board did not meet in January 2013.

Recreation Director Report: None.

Parks Commissioner report: None.

Fire Department Reports: None received, per Councilman Gier. (Clerk’s note: A report was received from Farnham via fax the next day 2/13/13)

Supervisor Pero acknowledged the minutes of the Senior’s January Meeting as presented by Linda Ostrowski. Motion to approve the minutes was made by Councilman Clark, seconded by Supervisor Pero. 4 ayes, 0 nays. Motion Carried

ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS: None spoke.

OLD BUSINESS

CDBG Project - Supervisor Pero read the letter officiating that the Town has indeed received the Grant approval. He mentioned that the ADA improvement project cannot move forward until the Town has advertised the project in the Challenger Newspaper which will allow minority citizens an opportunity to bid on the project.

Park Building Roofs – This topic was addressed during the February 7th workshop. New negotiations resulted in an offer from Gary Marcinkowski re-shingling both park buildings for $8,600. This figure would include tear down and shingles and would not require Town labor as originally requested.

Inactive Records Room- Attorney Trask was given a copy of the bid paperwork for his review. Supervisor Pero stated he would like to get the project started since it must be complete by June 30, 2013. The bids accepted were as follows:

? Minor remodeling: Ron Kmiotek bidding $8,200.00

? HVAC climate control: RM Heating/AC & Refrigeration bidding: $9,987.00

Grounds Maintenance Bids: Supervisor Pero acknowledged the Ground Maintenance bid received by the current contractor, SAK. No other bids were received. He addressed the amount bid $18,850 annual plus he bid any extra mowing, brush hogging and labor at $30.00/hour. Councilman Clark moved to table the decision, and was seconded by Councilman Gier. A roll call vote was taken: Councilman Clark-aye, Councilman Gier-aye, Councilman Kaczmarek-abstain, Supervisor Pero-aye. 3 ayes, 1 abstain, 0 nays. TABLED.

Insurance Quotes: Supervisor Pero addressed the quotes received for the Town’s liability insurance. He explained that the difference between Evans Agency and First Niagara (MYMIR) was so small that he would prefer to stay with Evans because they provide us with our BANS at extremely low rates and the business relationship we have with them is excellent. Councilman Clark moved to accept the final quote from Evans Agency $37,197. He was seconded by Councilman Gier. A roll call vote was taken: Councilman Clark-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING: GUN CONTROL LEGISLATION
The Town Clerk read the public hearing notice advertised in the Hamburg SUN on January 31st, 2013. It read as follows:

TOWN OF BRANT LEGAL NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall located at 1272 Brant North Collins Road, Brant, New York on the 12th day of February, 2013 at 8:30 PM Local Time, for the purpose of allowing public input and opinion regarding the State of New York’s new Gun Control Legislation, and for the possible adoption of a resolution regarding the new law.

All interested parties will be given the opportunity to be heard.

By order of

Town of Brant Supervisor, Leonard K. Pero
Barbara J Daniel
Brant Town Clerk

Dated January 29, 2013

Supervisor Pero opened the public hearing at 8:00 PM. He spoke about how quickly the Gun Control Legislation was passed and how the voice of the people was not heard. He felt it was necessary for the State of New York to hear from the people regarding the new law. He read the resolution he drafted regarding the request to the Governor to repeal the new gun control legislation:

WHEREAS, The Town of Brant located in the South West Corner of Erie County in the State of New York objects to the infringement of the 2nd Amendment of the Constitution of the United States of America by the governing body of New York State , and

WHEREAS, On Monday January 14th, 2013 the rights under the second Amendment of our Constitution was infringed upon without due process, and

WHEREAS, The Gun control Bill (S.2230) known as NY SAFE Act was rushed through the Senate & Assembly without a single Public hearing or input from the
various Law enforcement agency located around our State, and

WHEREAS, Even the State lawmakers did not have time to review the bill as presented leaving questions about implementation and regulation of this new law, and

WHEREAS, This law should focus on increasing penalties for criminals who use firearms to harm and threaten law abiding citizens and address the issues of mental illness related to violence, and

WHEREAS, The residents of the Town of Brant realize that the NY SAFE Act, gun control law must be repealed and must replace the restrictive parts of the enacted law, and

NOW THEREFORE BE IT RESOLVED, that The Town Board of the Town of Brant urgently asks Governor Andrew M. Cuomo & the Legislative leaders to suspend this law as soon as possible and to look at all the aspects of Gun control using the proper legal procedure to bring about a law that will address gun control in a more logical manner, focusing on the real issue related to gun control- a law that will strengthen the effect on public safety and not infringe upon our constitutional rights.

RESOLVED, that a certified copy of this resolution be forwarded to: Honorable Governor Andrew M. Cuomo, Honorable Senate Majority Leader Dean Skelos , Majority Leader of Independent Democratic Caucus Jeff Klein, Honorable Senate Minority Leader John Sampson, Honorable Speaker of the Assembly Sheldon Silver, Honorable Leader of the Assembly Ron Canestrari, Honorable Minority Leader of the Assembly Brian Kolb, and the Western New York Delegation and Erie County Legislators.

Supervisor Pero opened the floor for discussion.

1) Neil Ross, resident: Nothing in the law protects current owners of guns that handle 7 or more rounds. Gun violence is not a gun problem, it’s a social problem.

2) Gary Brecker, Code Office: Agreed with Neil Ross and added that criminals don’t have gun permits or have record checks done

3) Beverly Wasmund, Resident and past council person: In favor of adopting the resolution.

4) Brian Rott, resident: Recommended the Board ask for a show of hands to support the resolution. Raised hands were an overwhelming majority. (Clerk note: when the 2 who didn’t raise their hands were later asked why, they stated it was because they only want the law re-written with public input).

After public input ended, Supervisor Pero moved to close the public hearing (8:41 PM). Councilman Gier seconded the motion. PUBLIC HEARING CLOSED.

Supervisor Pero then made the motion to adopt the above resolution showing the Town’s opposition of the State of New York’s new Gun Control Legislation. The motion was enthusiastically seconded by the balance of the Board. A roll call vote was then taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye. 4 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS (CONT’D):

Highway garage lean to: Supervisor Pero read the bids received for the work to be done to the highway lean to. He then motioned to approve the bid from Buffalo Red, Inc in the amount of $8,650 contingent on the approval of the insurance. His motion was seconded by the balance of the Board. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye. 4 ayes, 0 nays. MOTION CARRIED.

NEW BUSINESS
School tax collection: The Town Clerk addressed her request to begin negotiations on the return of the Lake Shore School district tax collections to the Town of Brant Clerk’s office. Councilman Gier needed more information. Councilman Gier motioned to set Wednesday, March 6th at 6:30 PM as the date and time for the next workshop to discuss the collection. The motion was seconded by Councilman Kaczmarek. MOTION CARRIED.

Community Services application to open group home at 10097 Erie Rd. Supervisor Pero spoke of an application being submitted to the Town of Brant to build a group home at 10097 Erie Rd. The Town must respond by March 10, 2013 with any objections as a purchase of the property is being considered. Since the property would be non-taxable there would be a loss on the tax rolls. The Board chose to table discussion until the March 6th workshop. The Board also suggests the Planning Board review the application.

Angola Pennysaver Calendar: Supervisor Pero addressed that the Town has been offered a slot on a calendar page that is published by the Penny saver in Angola for the price of $50.00 a month. Supervisor Pero motioned to accept the $50.00/month calendar fee and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.

Employee Handbook: The Board will add discussion on the new employee handbook at the March 6th Town Board workshop.

Traveling Food Pantry: This item will be placed on the Penny Saver calendar. The next date for the pantry is February 20, 2013 from 1:30 to 3:30 PM.

Old Town Hall appraisal: Lynda Mason will meet with Allen Nolan at the Old Town Hall. The appraisal will be done and advertising for bids will begin as soon as possible.

Easter Egg Hunt: The Town will host an Easter egg hunt on Sunday March 24th, 2013. All are invited. The event will be held at the Town Hall.

Internal Audit: The Town Board desires to begin an internal audit of various Town Departments and was considering Joe Ostrowski as the auditor. Mr. Ostrowski had five years of experience working as Deputy County Comptroller as a CPA and CIA. Councilman Clark asked Ostrowski if he is still a CPA. Ostrowski stated that his CPA and CIA are now retired. Supervisor Pero motioned to appoint local resident Joseph Ostrowski as the auditor at a rate of $50./hr. as needed, with a cap of $4,000. for the project. The motion was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.

Review Blue Cross/Blue Shield (due May 31st): Tabled because the quotes will come in April.

Recreation fees: Tabled

REPORTS OF COMMITTEES:

Summer Fest Committee Meeting change: The Brant Summer fest committee meeting is being moved from February 27 to Monday March 11, 2013 at 6:30 PM.

Councilman Gier stated that the February 6th workshop was productive.

Councilman Kaczmarek announced that the Gym curtain has been cut and sewn. Needs only to be hung.

Councilman Clark motioned to approve the new light on pole #100 on Milestrip Rd. He was seconded by Councilman Gier. A roll call vote was taken: Councilman
Clark-aye, Councilman Gier-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.

Supervisor Pero stated that Time Warner quoted $23.00 per month to provide a dedicated phone line to the Hand Stamp time clock machine at the Highway barn. He is working with Justin Neebo from Time Warner about the new dedicated phone line.

RESOLUTIONS: Supervisor Pero mentioned a few other resolutions he would like to act on at this meeting.

He read the first of the resolutions:

RESOLUTION FOR AN INCREASE IN JUSTICE COURT FUNDING:

WHEREAS, town justice courts provide an essential service that is primarily funded by local real property taxes; and

WHEREAS, the State established reimbursement fund (General Municipal Law GML §99-L), designed to assist towns with the operational expenses of justice courts, has not been amended to reflect an increase in operational expenses for more than a decade; and

WHEREAS, since last amended, the New York State Police discontinued the practice of prosecuting and pleas-bargaining traffic violations in town justice courts, placing a burden on local governments to provide prosecutors for traffic violations, thereby further increasing court operational expenses; and

WHEREAS, the 2013-2014 Executive Budget seeks to impose limitations on the plea bargaining process as it pertains to speeding tickets issued to drivers in excess of 20 miles over the posted speed limit.

WHEREAS, state law sets forth the surcharges and fines for many actions adjudicated in town justice courts as well as the distribution of fines and surcharges between the state and the town;

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Brant calls upon the Governor and the State Legislature to increase GML §99-L reimbursement fees to assist local taxpayers in funding justice court operational expenses; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Brant requests legislative action to establish a new surcharge to maintain the office of town prosecutor thereby reducing the expense to town taxpayers; and

BE IT FURTHER RESOLVED that the Town Board of the Town of Brant calls upon the Governor and the State Legislature to ensure that costs associated with new state laws, regulations and policies affecting the courts are not borne by town taxpayers.
Supervisor Pero motioned to adopt the above resolution regarding the request for an increase in Justice Court funding and was seconded by the balance of the Board. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman Gier-aye. 4 ayes, 0 nays. MOTION CARRIED.

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The Second Resolution was read by Supervisor Pero was as follows:

Resolution in opposition to Governor Cuomo’s proposal to restrict the use of sales tax exemption as an incentive in economic development projects

Whereas, The Governor has proposed, as part of his Executive Budget, a provision that would greatly restrict the ability of local economic development agencies to use the exemption of state sales tax as part of economic development incentive packages to spur job creation projects, and

Whereas, This provision restricts use of the sales tax exemption to just seven business categories of the “Excelsior Jobs” tax credit program, and

Whereas, Many economic development projects important to rural, suburban and urban areas including main business district redevelopment, tourism projects, small business projects, commercial redevelopment and adaptive re-use projects will not qualify under this new provision, and

Whereas, Projects that do qualify will now have to obtain the approval of Regional Development Councils and the Empire State Development Corporation which will involve additional time and delay that could prove detrimental to development, and,

Whereas, Projects that qualify for the sales tax exemption will receive the benefit as a future tax rebate after the project is completed and therefore will not be able to use the benefit as equity in securing private financing which could jeopardize that particular project from even occurring, and

Whereas, In efforts to combat vacancy and blight in Erie County, a land bank for County of Erie along with the cities of Buffalo, Lackawanna and Tonawanda, has recently been approved, and

Whereas, The six IDAs located in Erie County are finalizing an amendment to the IDA common policy that would create more uniformity is offering incentives under the adaptive reuse program and which would help every town, city and village in Erie County to combat vacancy and blight in their respective community, and

Whereas, The restrictions in the Governor’s proposal will restrict an important tool for incentivizing projects identified in numerous plans crafted throughout the state by the Governor’s own Regional Development Councils, and

Whereas, The restrictions in the Governor’s proposal will negatively impact every town, city and village in Erie County.

Now Therefore Be It Resolved, that the Association of Erie County Governments does hereby oppose this provision of the Governor’s Executive, and

Be It Further Resolved, that a certified copy of this resolution be forwarded to:

Honorable Governor Andrew M. Cuomo, Honorable Senate Majority Leader Dean Skelos, Majority Leader of Independent Democratic Caucus Jeff Klein, Honorable Senate Minority Leader Andrea Stewart-Cousins, Honorable Speaker of the Assembly Sheldon Silver, Honorable Leader of the Assembly Joseph Morelle, Honorable Minority Leader of the Assembly Brian Kolb, and the Western New York Delegation and Erie County Legislators.

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When Supervisor Pero finished reading the above proposed resolution, Councilman Gier stated he wanted to have a chance to read it before acting on it. No action was taken on the above resolution. The resolution will be reviewed and voted on at a later meeting.

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Privilege of the Floor – no one spoke.

Correspondence:

? Erie County Health…received the annual report from Erie County Health stating that the Town of Brant Water systems has met all the 2012 reporting requirements.

? Historical – Hamburg Historian inviting Town of Brant historian to share stories in the SUN

? Time Warner sent out their rate chart

? Letter from Sheriff Howard alerting the Towns that the County Executive plans to eliminate 25% of the budget gap by reducing non mandated services such as road patrol, Highways and Parks

? Councilman Gier read from a letter from Lancaster Supervisor Robert Giza commending Supervisor Pero for the job he did as President of Erie County government. View letter below:  (See PDF VERSION FOR COPY OF THE LETTER READ)

Abstract 2 of 2013
*Prepaid and unpaid as of February 11, 2013 Gen Fund Town wide Vouchers pd: #15-24, unpd#25-71 Totaling: $46,086.35 Gen Fund – Part Town Voucher, pd: #3, unpd #4-5 Totaling: $16,599.34 Highway T.W. Vouchers pd: #3, unpd#4-15, Totaling: $24,865.02 Highway P.T. Vouchers, pd None, unpd 3, Totaling: $11,186.00 Fire

Protection: Vouchers: unpd: #1-2, Totaling: $25,805.00

Street lighting: Voucher pd, #1: $3,230.67

Lotus Bay Sewer Dist 1: Vouchers: None

Brant Farnham Sewer Dist: None

Brant Water Dist 1: None Special Grant Fund: None Capital Projects: Vouchers: None

General Town Wide Payroll 12/30/12- 01/26/13 Totaling: $37,761.58

General Part Town Payroll 12/30/12- 01/26/13 Totaling: $639.65

Highway Payroll TW 12/30/12- 01/26/13 Totaling: $13,209.37

Highway Payroll PT 12/30/12- 01/26/13 Totaling: none

A Motion was made by Councilman Gier, seconded by Councilman Kaczmarek to approve Abstract #2 of 2013. Roll Call: Councilman Gier -aye, Councilman Kaczmarek -aye, Councilman Clark-aye, Supervisor Pero- aye. 4 ayes, o nays. MOTION CARRIED.

A Motion was made by Councilman Gier, seconded by Councilman Kaczmarek to adjourn the meeting at 9:42 PM. MOTION CARRIED.

Respectfully submitted by,
Barbara Daniel
Brant Town Clerk