This Regular Meeting of the Brant Town Board was held on Tuesday July 9th, 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
Clark Borngraber Councilman
Chad Kaczmarek Councilman
William J Trask, Sr. Town Attorney
Barbara J. Daniel  Town Clerk, Recording Secretary

ABSENT WERE:

Jeffrey Gier  Councilman
Donald Clark  Councilman
Gary Brecker  Code Enforcement Officer
Donald Hepkins  Police Chief

ALSO PRESENT / SIGNED IN WERE:

Joseph Ostrowski Planning Board Chairman
Lynda Ostrowski Deputy Clerk
Joseph Giambrone Highway Superintendent
Lee Brunelli  ZBA member
Janice Ross  Planning Board member
Brian Rott  Resident
Debra Ritz  Resident
Brian Campbell  SUN reporter
Charles Arrigo  Resident

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

MINUTE APPROVAL June 11, 2013: Councilman Kaczmarek motioned to accept the minutes of the June 11th, 2013 Town Board meeting, and was seconded by Councilman Borngraber.  MOTION CARRIED.

SUPERVISOR’S FINANCIAL REPORT:  Councilman Borngraber moved and was seconded by Councilman Kaczmarek, to accept the Supervisor’s May 2013 Financial Report as presented.  3 ayes,  0 nays.  MOTION CARRIED.

Supervisor Pero read his budget mods as listed below.  Councilman Borngraber motioned to accept the budget mods as presented, and was seconded by Councilman Kaczmarek.   A roll call vote was taken.   Councilman Borngraber-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye.  3 ayes, 0 nays.  MOTION CARRIED.

A copy of the following budget mod is also filed with the Town Clerk:

TO: Leonard Pero, Supervisor, Town of Brant  07/05/13

FROM: Richard A. Gryksa MBA, Town Accountant  

SUBJECT: Recommended Budget Modification #4 as of : May-13 

Please make a resolution at the regular Town Board meeting on July 9th 2013 to approve the
following change(s) to the 2013 Adopted Budget.  

Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide (A)
$     2,700.00  Decrease A1460.21 Records Mgmt (Grant) Equip & Cap out
$     2,700.00  Increase A1460.11 Records Mgmt (Grant) Pers Serv  $    2,700.00 

$     1,037.00  Decrease A1460.21 Records Mgmt (Grant) Equip & Cap out
$    (1,037.00) Increase A1460.41 Records Mgmt (Grant) Contr Expend  $    1,036.96 

$     1,555.00  Decrease A1990.4 Contingent Account Contr Expend
$    (1,555.00) Increase A1630.2 Community Building Equip & Cap out  $    1,555.00 

$       383.00  Decrease A3120.11 Police(Officers,Guards,Inspectors) Pers Serv
$      (383.00) Increase A3315.1 STOP DWI(PLP) Pers Serv  $       382.83 

TOWN CLERK’S FINANCIAL REPORT & TAX COLLECTION STATUS REPORT:  Councilman Kaczmarek moved to accept the Town Clerk’s May 2013 Financial Report and Tax Collection Status report as of July 2, 2013, and was seconded by Supervisor Pero.  3 ayes, 0 nays.  MOTION CARRIED.

COURT CLERK’S MAY 2013 FINANCIAL REPORTS FOR JUSTICES GUGINO & CROUSE:  Councilman Borngraber moved to accept the Court Clerk’s May 2013 Financial Report for Justice Gugino and Justice Crouse.  Councilman Kaczmarek seconded the motion.  3 AYES, 0 NAYS.  MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S MAY REPORT: CEO Gary Brecker was not present.  Supervisor Pero read his June report.  Discussion on the list of abandoned homes were noted in the CEO’s report, as requested by the Board at the June meeting.   Pero spoke of a call received from Community Services regarding the group home.  The applicant stated they are going to look into placing it in Evans. Councilman Borngraber moved to approve the report as read, and was seconded by Councilman Kaczmarek. 3 ayes, 0 nays.   MOTION CARRIED.

DOG CONTROL OFFICER’S MAY REPORT:  Dog Control Officer Barb Daniel read her Dog Control Report for June 2013. Supervisor Pero moved to accept the Dog Control Officer’s report as presented.  The motion was seconded by Councilman Borngraber.  3 ayes, 0 nays.  MOTION CARRIED.

POLICE REPORT JUNE 2013: The June 2013 police report was read by Councilman Borngraber.  There was discussion on the status of the employee ID card project.  Councilman Kaczmarek moved to accept the June report as presented, and was seconded by Supervisor Pero.   3 ayes, 0 nays.  MOTION CARRIED.

TOWN CLERK MONTHLY ACTIVITY REPORT FOR JUNE 2013:  The Town Clerk’s monthly activity report for June 2013 was read by Clerk Daniel.  Councilman Kaczmarek moved to accept the Town Clerk’s Report to the Board, and was seconded by Councilman Borngraber.  3 ayes, 0 nays.  MOTION CARRIED

Planning Board Report: No meeting was held in June  

Zoning Board did not meet in June 2013.

Recreation Director Report:  Assistant Rec Director Ryan Turner was not present.   Supervisor Pero mentioned that 96 of this year’s campers are residents and 42 are non-residents, for a total of 138.  Last year the number of campers was 153.

Parks Commissioner report: Supervisor Pero recapped some of the recent improvements done at the Park.  They included:
• Non-skid paint applied to pool house floor
• Park picnic tables have been painted
• Playground fill is in
• Garbage pails have been secured
• Local 17 finished the new parking lot next to the ball diamond, widened the parking lot outside the Community Bldg, and rolled the football field.
• Local 17 also did more work to the walking path, and will be working the surface of the Hammond Road extension creating a future park entrance
• He then reminded the board that the Town of Hamburg donated 1,000 ton of road millings, Collins donated 300 tons, and Evans donated 200 tons, and for the price of the diesel and lunches, Local 17 has been doing valuable improvements to the park worth over $100,000.
No vote was taken to approve the Parks Commissioner’s report.

Town Historian Report:  Supervisor Pero read the Historian’s report for the June, 2013 meeting.     Councilman Kaczmarek moved to accept the report as read, and was seconded by Supervisor Pero. 
3 ayes, 0 nays.  MOTION CARRIED.

Fire Department Reports:  No report was received.

Senior’s report for July 2013.  Lynda Ostrowski read the minutes of the July Senior meeting.  In response to the portion of Senior minutes where Councilman Clark noted to the Seniors that he would find it fun to debate Supervisor Pero, Pero responded that he would also like to hold a debate with Councilman Clark.  Councilman Borngraber motioned to accept the minutes as read, and was seconded by Councilman Kaczmarek.  3 ayes, 0 nays.  MOTION CARRIED.  

ACKNOWLEDGEMENT OF DIGNITARIES OR OFFICIALS:  None spoke.

OLD BUSINESS

APPOINTMENT OF SUBSTITUTE BUS DRIVER FOR REC:  Supervisor Pero motioned to approve the appointment of Tracy Garrison as a substitute bus driver for the rec program.  Councilman Borngraber seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye.  3 ayes, 0 nays.  MOTION CARRIED.

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LISTING OF OLD TOWN HALL: Supervisor Pero noted that Century 21 (Lynda Mason) imposes a 6% commission when listing as an ML (multiple listing) as opposed to Alessi who quoted 5%.  The Board discussed the differences.  Councilman Kaczmarek motioned to allow Supervisor Pero permission to contract with Century 21, Lynda Mason with the Ganey Agency at 6% commission.  He was seconded by Councilman Borngraber.  A roll call vote was taken: Councilman Kaczmarek-aye, Councilman Borngraber-aye, Supervisor Pero-aye.  3 ayes, 0 nays.  MOTION CARRIED.

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BRANT SUMMER FESTIVAL:   Supervisor Pero gave a brief report on the 2013 Brant Summer festival.  He  described some of the events held at the Brantfest, including the induction of Rose DeMaria (past Town Clerk) into the Wall of Fame for her 28 years of service as Town Clerk.  She was honored during the three day event, and presented with a proclamation and plaque on the festival’s opening day.  The three day event (June 21-23) were proclaimed “Rose Marie DeMaria Days.”

Supervisor Pero also read a letter from Tim and Donna Marien commending those Board members that attendaned at the Brant Festival.  They complemented the Town’s use of the Park facility for such a wonderful family event.  

WILLIAMSON LAW SOFTWARE:  Training on the new software will begin this month.

AUDIT:  Auditor Joseph Ostrowski stated that he has prepared his report on the Town Clerk’s audit and is scheduled to meet with the Town Clerk to review his findings.  Once the report is reviewed with the Town Clerk, the results will be presented to the Town Board.

HIGHWAY GARAGE:  Supervisor Pero recapped the history of the garage painting project.  The project began with Councilman Clark obtaining a quote from Sherwin Williams at approximately $50,000.  The project was then the subject of numerous meetings and workshops.  Supervisor Pero noted that this project has been a common goal of the Town Board.  Last month the Board approved pre-payment  (of 50% down payment) according to the contract submitted by lowest quote, Gary Marcinkowski’s ($7,500 total for the painting of the garage with half down being $3,750.00).

Clerk Daniel stated she could not find the official original vote to approve the painting of the garage, and requested the Board do so at this meeting.  Councilman Borngraber motioned to approve the garage painting project using the services of Beverly Hills Development (Gary Marcinkowski) at the quoted amount of $7,500. with 50% down per the quote.  Supervisor Pero seconded the motion.  A roll call vote was taken: Councilman Borngraber-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye.  3 ayes, 0 nays.  MOTION CARRIED.

PARKING LOT:  Supervisor Pero spoke with Latek regarding the Municipal Garage bid.  He needs more bids.  He also discussed with the Highway Department about oil and chipping the front parking lot, allowing the Town to budget paving it next year.

CDBG GRANT:   Supervisor Pero stated he spoke with Jason Knight of Erie County Planning and we will be moving forward on the ADA improvements.  He had just received the CDBG letter of instruction.

NEW BUSINESS

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SOUTHTOWNS COMMUNITY ENHANCEMENT COALITION:  Supervisor Pero motioned to approve paying the upcoming dues for S.T.C.E.C. which are $1,000.00 which were approved at the Organizational meeting.  Councilman Borngraber seconded the motion.  A roll call vote was taken: Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye.  3 ayes, 0 nays.  MOTION CARRIED.

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TIME WARNER:  Supervisor Pero announced that he received word from Time Warner that the years of persistence in getting Time Warner to run service down Mileblock Rd has paid off.  After 6 years of his negotiating with Catherine Andelora and Sharon Hanson, he is happy to state that Time Warner is planning on running service down Mileblock Road, at no expense to the Town.

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SENATOR GRISANTI: Supervisor Pero informed the Board that Senator Mark Grisanti invited him to a get together with other State Senators at the Buffalo Chop House.  At the gathering, Pero was informed that his request for a Town Hall Emergency Generator and plate readers for the Town Police cars will be funded with one hundred thousand dollars in member money.  He added this is why he goes to all these meetings.

E-WASTE & TIRE DROP OFF:  The tire drop off will be conducted the same day as e-Waste collection, 4th Saturday of each month behind the Highway barn between 9 am and noon.  Residents will be allowed to drop off up to four tires for free, and non-residents are permitted to drop off up to four tires at $3.00 each.  Supervisor Pero wants to put up a sign stating a $500 fine for Unauthorized Dumping.  Attorney Trask stated they may need to enact a local law to that effect prior to posting the sign.

TURNBULL NURSERIES: Supervisor Pero mentioned that Turnbull Nurseries trimmed the trees that were recently planted at the park.  They also donated eight trees to replace the ones that died.  Supervisor Pero requested a motion to send a Thank You letter to Turnbull Nursery for the replacements.  Councilman Borngraber motioned to approve the writing of a Thank You letter to Turnbull, and was seconded by Councilman Kaczmarek.  3 ayes, 0 nays.  MOTION CARRIED.

COMP AUDIT COMPLIANCE: Supervisor Pero mentioned the need to install panic buttons in the Court Clerk’s Office, and the Supervisor’s Office per the recommendations of a recent Comp audit.  Clerk Daniel was instructed to contact DFT Security to obtain a quote. Decision tabled until August meeting.

IDA HOME RULE REQUEST: Supervisor Pero instructed Clerk Daniel to make copies of the one remaining blank copy of the IDA Home Rule request form and complete them for mailing.

RESIGNATION OF OFFICER NATHAN MILLER:  Supervisor Pero read the letter of resignation received from Officer Miller who has taken a position with Evans Police.  Supervisor Pero motioned to accept the resignation with regret, and was seconded by Councilman Borngraber.  A roll call vote was taken: Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye.  3 ayes, 0 nays.  MOTION CARRIED.

SOLAR SALES TAX RESOLUTION: Legislators Lynn Dixon and John Mills will be sponsoring legislation to exempt Solar Equipment from Sales Tax.  The resolution is as follows:

“LOCAL SALES AND USE TAX RATES ON SALES AND INSTALLATION OF COMMERCIAL SOLAR ENERGY SYSTEMS AND EQUIPMENT”

LET IT BE KNOWN: That the Town of Brant Commends and Applauds the New York State Legislature for unanimously passing into law the removal of 4% Local Sales and Use Tax on the purchase and installations of Commercial Solar Equipment effective January 1st, 2013;

WHERE AS:  The Town of Brant with the New York State Legislature recognizes that this is another building block to help spur Commercial growth as well as create Green Jobs and combat Global Warming;

WHEREAS: In this law NYS left a provision in which Counties and Cities may choose to remove their portion of the Sales Tax and as it stands 5 counties other than Erie County have chosen to do so, Erie County presently collects the highest sales tax in the State which is 4%;

FURTHER BE IT KNOWN: that the Town of Brant and the Brant/Evans Friends and Neighbors Advocating Better Green Living (F.N.A.B.G.L.) do advocate the removal of sales and use tax and also spearheaded a similar sales tax removal on Residential Solar Systems back in 2008.   The effect of this removal on residential systems has made Erie County one of the highest Solar Producing Counties in the State of New York;

WHEREAS: The Town of Brant agrees with NYS that this removal of Sales Tax on the purchase and installation of Commercial Solar Equipment will further spur growth and create jobs as well as help the Environment in Erie County;

THEREFORE BE IT RESOLVED: that the Town of Brant hereby petitions the County of Erie to remove their portion of the Local Sales and Use tax on the purchase and installation of Commercial Solar Systems and Equipment, as they did in 2008 with the removal of the sales and use tax on Residential Systems.

BE IT FURTHER RESOLVED, that official copies of this resolution be sent to Erie County Executive Mark Poloncarz and all members of the Erie County Legislature.

Councilman Borngraber motioned to adopt the above resolution “Local Sales and Use Tax Rates on Sales and Installation of Commercial Solar Energy Systems and Equipment”.  Councilman Kaczmarek seconded the motion.  A roll call vote was taken: Councilman Borngraber-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye.   3 ayes, 0 nays.  MOTION CARRIED.

MISCELLANEOUS: 

REQUEST FOR TWO NEW LOCAL LAWS:  

• Supervisor Pero noted that with all the new parking areas at the Town Park, he wants to enact a law which prohibits parking on the lawns at the park. 
• Also designate handicap parking areas
• Also wants to enact a law prohibiting illegal/unauthorized dumping of tires at the new tire drop off location.

Attorney Trask requested that if the Town wants him to Draft a Local Law for the above items, they need to provide him with a site plan which includes a map designating prohibited parking areas, etc.  Once he receives the map/site plan, he will draft a local law for the Board to review before the August Town Board meeting.  If the draft is acceptable, they can then set a public hearing for the September meeting.  After the Public Hearing, the law can be adopted.  Attorney Trask stated he will also see what he can come up with as a solution for the desire to place a $500.00 fine notice on the tire bin.

REPORTS OF COMITTEES:

SUMMERFEST MEETING:  Supervisor Pero announced that the next Brant Summer fest Committee meeting will be held at 6:30 PM on Tuesday July 30, 2013 to discuss 2014.

TOWN BOARD REPORTS:  

COUNCILMAN BORNGRABER: Councilman Borngraber spoke on the low attendance at the Summer Concerts.  The first concert was during rain and the attendance was understandably low (9).  Only 18 attended the concert on the 8th.  He also recommended the Town’s political candidates for the next Town election attend the concerts.  Next month refreshments will be available.

COUNCILMAN KACZMAREK: Recreation is up and running.  The issues with the Park pool were taken care of by Allen Nolan.

COUNCILMAN CLARK:  ABSENT

COUNCILMAN GIER: ABSENT (Family illness)

SUPERVISOR PERO: items discussed:
• David Sink is still working on setting up the network and software updates. 
• Snow contract dispute with Erie County continues.  Need to send a letter of support for Highway Departments.  The Town has gotten 5% increase over 3 years.  With this money, we have to purchase salt, plow their roads, etc.  The contract is usually done by March, and the last day to buy salt is June 30th. 
• The recent Association of E.C. Government dinner/meeting was hosted by the Town of Brant went unattended by any of the Councilmen.  Reminded them of how critical these meetings are for the Town.

LETTER FROM PARK RENTER BEVERLY CULVER:  Supervisor Pero read a letter from Beverly Culver, a regular renter of the Recreation bldg.  The letter requested a partial refund of her rental fee because the pool was inoperable during her rental (July 6th) for her guests, and the weather was very hot.  She also stated that it was not possible to use the entire gym area because of the equipment and curtained area. 
Councilman Borngraber motioned to issue a $50.00 refund from her rental fee, and was seconded by Councilman Kaczmarek.  A roll call vote was taken: Councilman Borngraber-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye.  3 ayes, 0 nays.  MOTION CARRIED.

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Privilege of the Floor – No one spoke

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Correspondence: 

• SALES TAX: Up 7.17% above 2012 Year to Date.
• Visiting Nurse Association – 2013 Immunization of flu shots will be held at the Community Bldg on Saturday October 5 from 11 am to 2 pm
• Letter from Erie County Sewer regarding the release of untreated sewage into Big Sister Creek on June 23rd at 3:30 PM (approx. 50 gallons)
• Permits to spray Pesticide in wetlands is available for Brant if needed, for a limited time
• Bridge in Springville being worked on

Abstract 7 of 2013

*Prepaid and unpaid as of June 11, 2013
Gen Fund Town wide Vouchers pd: #279-300, unpd#301-356 Totaling: $65,534.20
Gen Fund – Part Town Voucher, pd: none, unpd #18-22 Totaling: $7,962.50
Highway T.W. Vouchers pd: #56, unpd#57-60, Totaling: $181.50
Highway P.T. Vouchers, pd #12, unpd: #13-21 Totaling: $13,361.76
Fire Protection: Vouchers: unpd: #3, totaling: $201.61
Street lighting: Voucher unpd, #7:   $2,094.00
Lotus Bay Sewer Dist 1: Vouchers: None
Brant Farnham Sewer Dist: Voucher none, Totaling:
Brant Water Dist 1: Voucher #2: Totaling: $360.00
Special Grant Fund: None
Capital Projects: Vouchers: None

General Town Wide Payroll 06/01/13- 07/05/13 Totaling: $41,088.23
General Part Town Payroll 06/01/13- 07/05/13 Totaling: $605.74
Highway Payroll TW 06/01/13- 07/05/13 Totaling: $0
Highway Payroll PT 06/01/13- 07/05/13 Totaling: $9,534.26

A Motion was made by Councilman Borngraber, seconded by Councilman Kaczmarek to approve Abstract #7 of 2013. A Roll Call vote was taken: Councilman Borngraber -aye, Councilman Kaczmarek -aye, Supervisor Pero-aye. 3 ayes, 0 nays.  MOTION CARRIED.

Supervisor Pero then motioned to approve two vouchers from the Angola Pennysaver to be put on Abstract 8.  One in the amount of $1,056.65 and the other in the amount of $2,142.20.  He was seconded by Councilman Borngraber.  A roll call vote was taken: Supervisor Pero-aye, Councilman Borngraber-aye, Councilman Kaczmarek-aye.  3 ayes, 0 nays.  MOTION CARRIED.

Supervisor Pero asked for a moment of silence to send prayers out to Eleanore Gier and Rose Marie DeMaria who are currently in the hospital.  A Motion was made by Councilman Borngraber  to adjourn the meeting at 8:45 PM and was seconded by Councilman Kaczmarek.  MOTION CARRIED.  MEETING ADJOURNED.

Respectfully submitted by,

Barbara Daniel
Brant Town Clerk