Minutes Of The November 12, 2014 Town Board Meeting
This Regular Meeting of the Brant Town Board was held on Wednesday, November 12, 2014 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
Jeffrey Gier, Councilman
Donald Clark, Councilman
Mark DeCarlo, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary
Absent:
Chad Kaczmarek, Councilman
Also present and signed in were:
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Janet Bowman, Assessor’s clerk
Joseph DeCarlo, assessor
Joseph Giambrone, Hwy. Superintendent
Frank Broughton, Planning Board member
Joyce Ellis, resident (past Planning Board member)
Phyllis Mogavero, resident
Mark Mogavero, resident
Joe Wittenzellner, resident
Dennis Kane, resident
Debra Ritz, resident
Brian Rott, resident
The meeting opened at 7:00 PM with a pledge to the flag.
MINUTE APPROVAL OCTOBER 14, 2014 Regular Town Board meeting. Councilman Gier motioned to accept the minutes of the October 14, 2014 Town Board meeting, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Clark moved and was seconded by Councilman Gier to accept the Supervisor’s September 2014 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
BUDGET MODS: Supervisor Pero read his September 2014 Budget modifications:
MEMORANDUM
TO: Leonard Pero, Supervisor, Town of Brant 11/10/14
FROM: Richard A. Gryksa MBA, Town Accountant
SUBJECT: Recommended Budget Modification # 4 as of : September-14
Please make a resolution at the regular Town Board meeting on November 12th 2014 to approve the following change(s) to the 2014 Adopted Budget.
Budget Dec From/ Fund Account Amount
Modification (Inc) To Code Description Object Over Budget
General Fund - Townwide (A)
$ 15.00 (DR) Decrease A1355.41 Assessment-Board of Review Contr Expend
$ (15.00) (CR) Increase A1355.4 Assessment Contr Expend $ 14.81
$ 113.00 (DR) Decrease A1625.1 Recreation Building Pers Serv
$ (113.00) (CR) Increase A1625.4 Recreation Building Contr Expend $ 112.74
$ 591.00 (DR) Decrease A1660.4 Central Storeroom Contr Expend
$ (591.00) (CR) Increase A1670.4 Central Print/Mail Contr Expend $ 590.49
$ 2,469.00 (DR) Decrease A7020.11 Recreation Admin-Winter Program Pers Serv
$ (2,469.00) (CR) Increase A7020.4 Recreation Admin-Summer Program Contr Expend $ 2,468.27
$ 1,000.00 (DR) Decrease A7180.2 Special Rec Facility-Pool Equip & Cap Out
$ 84.00 (DR) Decrease A7180.4 Special Rec Facility-Pool Contr Expend
$ (1,084.00) (CR) Increase A7110.4 Parks Contr Expend $ 1,083.91
$ 463.00 (DR) Decrease A9050.8 Unemployment Insurance Employee Benefit
$ (463.00) (CR) Increase A9060.8 Medical & Dental Insurance Employee Benefit $ 462.97
A7550.41 Celebration-Summerfest Events Contr Expend $ 11,785.82
LESS transfer of Summer Fest revenues from T&A Fund (8,075.00)
Amount over Budget $ 3,710.82
$ 1,860.00 (DR) Decrease A7550.4 Celebrations Contr Expend
1,851.00 (DR) Decrease A1990.4 Contingent Account Contr Expend
$ 3,711.00 (CR) Increase A7550.41 Celebration-Summerfest Events Contr Expend $ 3,710.82
$ 38,649.00 (DR) Increase A3060 Records Management Grant State Aid Revenue
(12,255.00) (CR) Increase A1460.11 Records Management Grant Pers Serv
(10,895.00) (CR) Increase A1460.2 Records Management Grant Equip & Cap Out
(15,499.00) (CR) Increase A1460.41 Records Management Grant Contr Expend
$ -
To record State Education Department Records Management Grant awarded for Project Funding
Dates 7/1/14-6/30/15. Balance of unused Grant will be incorporated into the 2015 Budget.
APPROVAL OF BUDGET MODS LISTED ABOVE: Councilman Gier motioned to approve the budget mod as listed above, and was seconded by Councilman DeCarlo. A roll call vote was not taken. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Councilman Gier moved to accept the Town Clerk’s September 2014 Financial Report. He was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S AUGUST 2014 FINANCIAL REPORTS FOR JUSTICES COOPER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilmen Gier made the motion to approve the September 2014 financial reports of both justices bail and regular accounts, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: Code Officer Gary Brecker read his report for October. Supervisor Pero motioned to approve the report as read, and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED.
Discussion in response to CEO’s report: Resident Joyce Ellis expressed anger about the new company occupying Brant Auto. She stated that it is not a junkyard, it’s a trash processing facility. She is upset about the noise generated by the facility with the constant beeping of the backup loaders. She also expressed disappointment that the trees that she planted years ago were cut down. She stated her opinion that the facilities business use has changed and they should not have been granted the permit.
Resident Mark Mogavero claimed that his well is caving in due to the constant pounding which he claims shakes the ground.
DOG CONTROL OFFICER’S OCTOBER 2014 REPORT: Dog Control Officer Barbara Daniel presented her October Dog Report. She asked the Board to approve paying some of the electric bill now generated by the unoccupied garage that has been the source of electric to heat the kennel. Councilman Gier stated that as long as there is money left in the DCO budget, he had no objections. Councilman DeCarlo motioned to accept the report as read, and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT OCTOBER 2014: The October 2014 police report was read by Supervisor Pero.
Councilman Gier motioned to approve the report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR OCTOBER 2014: The Town Clerk’s monthly activity report for October 2014 was read by Clerk Daniel. Councilman Gier moved to accept the Town Clerk’s October report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: Planning Board secretary Lynda Ostrowski read the minutes of the October 28th Planning Board meeting. In response to the Planning Board report, resident Dennis Kane expressed disappointment on the fence issue. He is against the proposed removal of the circle on the corner of Lotus Bay. He also stated that he is going to speak with Farnham Fire Chief Peter Chiavetta to confirm that it was his recommendation to remove the circle. Mr. Kane then noted for the record his plea to not order the removal of the circle, or any part of it. He then added that he felt the Code Officer has no business recommending the removal of property. Councilman Gier motioned to approve the report as presented, and was seconded by Supervisor Pero. Councilman Clark voted nay when Board was asked if all were in favor. 3 ayes, 1 nays. MOTION CARRIED.
ZONING BOARD REPORT: No meeting was 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. The minutes noted that Christina Abt was scheduled to speak at the November 19th Historical meeting. She encouraged people to attend.
FIRE DEPARTMENT REPORTS: Councilman Gier noted No reports received.
SENIOR’S REPORT: No Senior report received.
Since it was not 8:00 PM, Supervisor Pero moved on to the acknowledgement of Visitors:
Lynda Ostrowski, resident and Secretary to the Boards asked if the Town could take back over the plowing of her road (Versailles and Cain) because the County is too slow to clear them. Supervisor Pero asked Highway Superintendent Giambrone to call the county to see what they can do to improve the situation. Giambrone stated that it’s been 15 years since the Town plowed there.
Since it was not yet 8:00 PM, Supervisor Pero moved forward to item number one of old business:
OLD BUSINESS:
ADDENDUM TO AG DISTRICT PERMITTED USE LAW: Supervisor Pero read the addendum being proposed regarding allowable uses in Agricultural districts:
Proposed Local Law No. 3 of the year 2014
Town of Brant, County of Erie
A Local Law Amending the Brant Zoning Code Relative to Allowable Uses in the Agricultural (A) Zoning District
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF BRANT AS FOLLOWS:
Section 1. Legislative intent
It is the intent of this local law to permit limited commercial activities which will have minimal impact on agricultural uses and operations and encourage re-use of existing structures within the Agricultural (A) zoning district within the Town of Brant.
Section 2. Authority
This local law is adopted pursuant to authority contained in the Town Law of the State of New York.
Section 3. Zoning Code Amended
Section 161-16 “Special Permit Uses” of the Town of Brant Zoning Code is hereby amended to add the following:
Section 161-16 (C)(3) Commercial Uses in existing buildings which can be re-used or re-purposed for such commercial activities without taking land out of agricultural use or production.
Section 4. Severability
If any provision of this local law shall be adjudged by any court of jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined to its operation to the particular provision directly involved in the controversy.
Section 5. Effective date
This local law shall take effect immediately upon adoption by the Brant Town Board.
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OLD BUSINESS:
BREAK TO PUBLIC HEARING #1 (2% TAX CAP LAW) 8:00 PM
At 8:00 PM, Supervisor Pero noted that it was time for the Public Hearing. He asked the Town Clerk to read aloud the Public Hearing Notice as it was published. The Town Clerk read the following notice:
LEGAL NOTICE
TOWN OF BRANT,
NEW YORK
NOTICE OF PUBLIC HEARING
2% TAX CAP LAW
Pursuant to resolution of the Town Board of the Town of Brant, New York, notice is hereby given that a public hearing will be held by the Brant Town Board in the Brant Town Hall, 1272 Brant North Collins Road, Brant, New York on Wednesday, the 12th day of November, 2014 at 8:00 PM Local Time, for the purpose of considering Proposed Local Law No. 3-2014 which if approved would authorize the Town of Brant to exceed the tax levy limit established by General Municipal Law Section 3-C of the 2015 budget year.
Copies of the proposed local law are available in the office of the Town Clerk. All interested parties will be given the opportunity to be heard.
Dated October 31, 2014
By Order of the Brant Town Board
Barbara J Daniel
Brant Town Clerk
At this time Supervisor Pero motioned to open the public hearing, and was seconded by Councilman Gier. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero announced that adopting the law was unnecessary because the Board had managed to keep the budget increase below the 2% cap. At this time, the Board will not need to adopt this law. Resident Frank Broughton thanked the Board for keeping the increase under the 2% cap.
At 8:02 PM, upon disclosing the reasons why the law was unnecessary, Supervisor Pero motioned to close the public hearing and was seconded by Councilman Gier.
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Because it was not yet 8:15 PM, Supervisor Pero returned to item number one of Old Business:
OLD BUSINESS
item number one (cont’d):
Supervisor Pero read the State Environmental Quality Review (SEQR) resolution prepared by the Town Attorney William Trask to establish the Town of Brant as lead agency, and to set the date for the public hearing for the proposed local law:
State Environmental Quality Review (SEQR)
Resolution Establishing Lead Agency and Setting Date for Public Hearing
Name of Action: Proposed Adoption of Local Law #3-2014
WHEREAS, the Town of Brant Town Board is considering the adoption of Proposed Local Law #3-2014, which will amend uses allowed by Special Permit in the Agricultural (A) Zoning District in Chapter 161 of the Town of Eden Code “Zoning” to permit limited commercial uses which will have minimal impact on agricultural uses and operations within the Town of Brant, and
WHEREAS, the Full Environmental Assessment Form (EAF) dated October 2, 2014 has been submitted by Supervisor Pero for the Town Board’s consideration, and
WHEREAS, after comparing the thresholds in 6 NYCRR 617.4 and 5, the Town Board has determined that the proposed project is a Type 1 Action, and
WHEREAS, after examining the Full EAF, the Town Board has determined the matter requires a zoning referral to the County of Erie pursuant to General Municipal Law Section 239-m..
NOW THEREFORE BE IT RESOLVED, that the Town Board declares itself Lead Agency for review of this action, and
BE IT FURTHER RESOLVED, that a ZR-1 (Zoning Referral) be made to the Erie County Department of Environment and Planning, and
BE IT FURTHER RESOLVED, that a Determination of Significance will be made at such a time as all reasonably necessary information has been received by the Town Board to enable it to determine whether the action will or will not have a significant effect on the environment, and
BE IT FURTHER RESOLVED, that a public hearing on said proposed local law be held at 8:00 p.m. during the Town Board meeting scheduled for Tuesday, January 13, 2015 at the Brant Town Hall.
Supervisor Pero motioned to set the public hearing on the above proposed local law #3 of 2014 to January 13, 2014 and to name the Town of Brant as lead agency for the SEQR paperwork which will be sent to Erie County Department of Environment and Planning. He was duly seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION ADOPTED
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HORIZONTAL DRILLING: Supervisor Pero noted that a Planning Board is still reviewing, and is a work in progress.
Supervisor Pero noted the sale of the old SUV for $11,200. He then requested the Board to review a request from Chief Hepkins:
APPROVAL TO PURCHASE 2015 S.U.V.:
Supervisor Pero presented a request from Police Chief Donald Hepkins to allow the purchase of a 2015 Chevy Tahoe SSV 4WD at the cost of $32,944.55. Supervisor Pero noted that he received the paperwork from Van Bortel Chevrolet Incorporated (71 Marsh Rd, E. Rochester, NY 14445). His signature was required for the purchase, using GM Credit.
Councilman DeCarlo motioned to authorize the Supervisor to sign for the purchase, and seconded by Councilman Clark. A roll call vote was taken: Councilman DeCarlo-aye, Councilman Clark-aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
NEW BUSINESS:
APPOINTMENT OF NEW ZBA MEMBER TO REPLACE LEE BRUNELLI: Supervisor Pero read a letter from planning board alternate Frank Broughton. The letter requests the Board to consider appointing him to the Zoning Board of Appeals. At this Time Supervisor Pero motioned to approve the appointment of Frank Broughton, and was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Gier-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
MEDICARE INSURANCE – INCREASED BY $174/MO. FOR HIGHWAY SUPERINTENDENT AND RETIRED CHIEF FALK:
Supervisor Pero reminded the Board that on April 10, 2012 the Board adopted to raise the cap on health insurance. He noted increases in the monthly Medicare premiums. Highway Superintendent Joe Giambrone monthly premium will increase from $241/mo. to $415/mo. Retired Police Chief Wayne Falk’s premium will increase by $35.75, making his monthly premium $138.25/mo. Councilman Gier motioned to approve the increase, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Gier-aye, Councilman DeCarlo-aye, Councilman Clark-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
SALT AGREEMENT WITH LAKESHORE CENTRAL SCHOOL DISTRICT: Supervisor Pero reminded the Board that a price had not been reached at the last meeting for sale of road salt to Lakeshore Central Schools. After discussion about price, it was decided that the loader scoop price will be $75.00/scoop. Councilman Gier motioned to approve the pricing of the salt, and was seconded by Councilman Clark. A roll call vote was taken: Councilman Gier-aye, Councilman Clark-aye, Councilman DeCarlo-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
REPORTS OF COMMITTEES
COUNCILMAN GIER: spoke about a plan to save the tree on the front parking lot. The solution will require curbing around the tree and putting in a slope to allow water to drain away.
Councilman Gier then moved to the topic of Town cell phone use. He strongly warned those using Town cell phones that personal use is prohibited. He reiterated NO personal use. He will be examining phone bills next month to see if the calls appear personal. He noted that phone calls made at 9/10:00 at night are probably not town business.
COUNCILMAN CLARK: Nothing to report
COUNCILMAN DECARLO: Nothing to report
SUPERVISOR PERO: Still waiting got Allen to put holes in for water units. Summerfest meeting will be rescheduled due to its cancellation due to his illness. FNABGL will hold their next meeting on March 6th 2015 where a presentation on Geothermal information. He acknowledged that Highway Superintendent Joe Giambrone sold some scrap for $350.00. He reminded that Jeff and Chad will be working on the Justice Court Audit sometime before the end of December. He wants to set up a workshop for Monday November 24th at 7:00 pm to discuss the possibility of land purchases for the Town, and to discuss the cost of paving the front parking lot of the Town Hall.
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RETURN TO PUBLIC HEARING 8:15 PM (2015 BUDGET)
At this time Supervisor Pero moved to the second public hearing scheduled for 8:15 PM. Supervisor Pero asked the Town Clerk to read aloud the public hearing notice. The Town Clerk read the following:
LEGAL NOTICE
TOWN OF BRANT
NOTICE OF HEARING ON THE PRELIMINARY BUDGET
FOR THE YEAR 2015
Notice is hereby given that the Preliminary Budget for the fiscal year beginning January 1, 2015 and the required Tax Exemption Impact Report will be in the Office of the Brant Town Clerk where it is available for inspection by any interested person during regular business hours and can be found online at [url=http://www.brantny.com]www.brantny.com[/url] on the bulletin page.
PUBLIC HEARING for the Preliminary Budget will be held at the Brant Town Hall, 1272 Brant North Collins Rd, Brant, NY at 8:15 PM on WEDNESDAY THE 12th day of NOVEMBER 2014.
And at such hearing, any person may be heard in favor or against any item therein contained.
Further notice is given pursuant to Section 108 of the Town Law the proposed salaries of the following Town Offices are hereby specified as follows:
Supervisor $19,770.00
Councilman (4)x each $4,777.25
Town Clerk/Tax Collector $27,726.00
Superintendent of Highways $29,828.00
DATED: October 31, 2014
BY ORDER OF THE
BRANT TOWN BOARD
Barbara J Daniel
Brant Town Clerk
At this time, Supervisor Pero motioned to open the public hearing, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
Discussion began with Supervisor Pero noting the changes made to the tentative budget by the Board. He noted that the preliminary budget now has a rate decrease from the tentative. Resident Frank Broughton asked if the Town ended up saving money by doing its own property maintenance. Supervisor Pero answered that more was done. The Town had a better handle on the work.
He then recapped the debt schedule acknowledging also that the Sewer district is now paid off. The Brant Farnham sewer district still owes $50,000. Which will be paid off in the next five years. The Brant water district still owes $257,000. To be paid off in twelve years. The Highway Kenworth truck has one more payment. Purchase of the New Town Hall has one more payment.
Councilman Clark asked if any of the department heads had any special requests. Supervisor Pero noted that he received a letter from assessor Joe DeCarlo requesting a 3% increase for his clerk. Supervisor Pero responded that if we do it for one, we have to do it for all. Councilman DeCarlo felt that it could be done, and they were the only ones to ask for a raise. Supervisor Pero responded that everyone wanted a raise for their people. Assessor DeCarlo reasoned that everyone got one and a half percent, except the court clerks who got 2.75%. Supervisor Pero objected saying their increase was 2%. He then added that if she worked the hours she is allowed to work, she would make more money. He then reasoned that if everyone would be happy, everyone can be brought down to the 1-1/2% to make everyone even. Resident Debra Ritz stated that the Court clerks needed to be trained. She complained that the court clerks never answer their phones. Resident Brian Rott wanted to know how they decided on raising only the court clerks when everyone was asking for raises. Discussion about going to 2% for everyone. Councilman Gier reminded the Board that they hammered it out at the workshop and all came to an agreement. He asked why change it now.
Debra Ritz objected to the elected officials getting raises. Assessor DeCarlo noted that his clerk has been in his office for 17 years. She handles responsibilities that are not even hers, such as handling the sale of water meters. He added that the water meters are going to be sent to the Supervisor’s Office from now on. Councilman Clark said the Board should give raises for anyone who asked for them. Supervisor Pero then addressed the fact that his secretary does work for the highway superintendent, as does the Town Clerk. He said everyone is asking for more money. Chief Hepkins wants 5% increase, he wants a new car. If we give 3% here and 2% there, we will get into trouble.
Highway Superintendent objected to statements about needing the Supervisor Secretary to help with his office. He said it isn’t his fault. He has no computer, and he is lucky if he has a phone. He objected to his clerk being cut on pay. Supervisor Pero acknowledged that a lot of the superintendent’s paperwork is done by the Town’s office staff, not his clerk. Giambrone demanded a computer that would allow his clerk to be able to conduct all of his work. Supervisor Pero acknowledged that Giambrone’s secretary was making over $33.00 per hour, based on the hours she put in and her pay.
At 8:35 PM Supervisor Pero motioned to close the public hearing, and was seconded by Councilman Clark. A roll call vote was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Gier-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then made a motion that all employees go to 1 ½ % increase. Councilman Gier seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-nay, Councilman DeCarlo-nay. 2 ayes, 2 nays. MOTION DEADLOCKED.
Supervisor Pero motioned to return the Highway clerk position to $3,500/yr. No one seconded the motion. MOTION DENIED.
Councilman Clark motioned to adopt the original preliminary 2015 budget, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
RECOGNIZED PRIVILEGE OF THE FLOOR:
Frank Broughton thanked the Board for appointing him to the Zoning Board of Appeals.
CORRESPONDENCE:
Supervisor Pero received the following correspondence:
• Letter of from NYS Ag & Markets about an inspection recently done on Dog Control. They will return next month to check on changes to be made.
• Supervisor Pero read a resolution from Legislator Mills office regarding maintenance and repair of highways and bridges.
• Letter from Randy Notarnicola requesting assistance with getting natural gas installed on Lotus Point.
• CDBG letter regarding one homeowner rehab.
• Sales tax update for 1st of November was 3.84% above last year.
• Letter from Mark Polancarz regarding his age friendly initiative
• Letter from DPR (Dept. Public Service) wants to assist in making energy efficient changes
• Letter from Time Warner regarding a few changes.
• Letter from Joyce Ellis
REQUEST FOR TOWN BOARD TO ADOPT RESOLUTION BEING PRESENTED BY ASSOCIATION OF ERIE COUNTY GOVERNMENT: Supervisor Pero read the following resolution he received from the Association of Erie County Government.
CERTIFIED RESOLUTION
At our monthly meeting of the Association of Erie County Governments held in the Town of Colden on
October 23, 2014, the following resolution was moved by Supervisor Michael Kasprzyk of the Town of Holland and seconded by Supervisor Anthony Caruana of the Town of Tonawanda and unanimously approved by all to support these proposals for the 2015 Legislative Agenda.
NYS Tax Cap
Infrastructure Improvements, Capital Improvements, Expenditures derived from Consent Orders and Smart Growth Initiatives should be exempt from the tax cap.
Local Governments must invest in neighborhoods to make NYS livable and competitive. Infrastructure improvements in utilities, transportation, and communication make our neighborhoods competitive. Capital Improvements in municipal services and expenditures derived from Consent Orders from DEC and other government agencies make our communities safer and more livable. Smart Growth improvements build sustainable, healthy, and livable neighborhoods. If these improvements and Consent Orders are not exempt from the tax cap, then local governments will be forced to override the tax cap to keep their municipalities safe, competitive and compliant.
NYS Tax Freeze
Existing and on-going shared services should be itemized in the County-wide Efficiency Plan which determines savings through shared services and consolidation.
If the NYS Tax Cap is adjusted as proposed above, local governments will be able to live within the tax cap and there should be no need to override the tax cap. However, local governments should be able to demonstrate consolidation of services by using existing and on-going shared services. The Erie County Association of Governments has documented over 550 examples of numerous different types of shared services among Erie County municipalities. Some of these shared services have been in place for decades. It is a myth that providing tax credit to residents will provide more shared services among local governments.
NYS Mandates
NYS Senate and Assembly should pass with the Governors support bills S 1294-A and A 4861-A which is legislation introduced in 2013 that require any State mandated program imposed on municipalities and school districts to be funded by the State.
NYS Senate and Assembly should pass with the Governors support bills S 1968-2013 and A3480-2013 which is legislation that requires fiscal impact notes to include objective calculations of anticipated economic impacts for the next three years on state or political subdivisions, including local governments.
A 2011 Mandate Relief Redesign Team Report calls for legislation to prohibit unfunded mandates. Also, the report recommended a change in the NYS constitution to prohibit unfunded mandates. The report indicates that 27 states have constitutional or statutory provisions restricting the imposition of new unfunded mandates on local governments. 42 states have provisions that require an estimate of the local cost burden of proposed legislation.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to Honorable Governor Andrew M. Cuomo and the Western New York Delegation, NYCOM, the Association of Towns and the Association of Counties.
Supervisor Pero motioned to adopt the above resolution as read, and was seconded by Councilman Gier. A roll call vote was taken: Supervisor Pero-aye, Councilman Gier-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. RESOLUTION ADOPTED.
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Supervisor Pero read the following Abstract:
Abstract 11 of 2014
*Prepaid and unpaid as of November 12, 2014
Gen Fund Town wide Vouchers Totaling: $28,746.36
Gen Fund – Part Town Voucher Totaling: $7,684.49
Highway T.W. Vouchers Totaling: $5,913.27
Highway P.T. Vouchers, Total $25.95
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $2,626.58
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: $4,100.00
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 9/21/14 - 10/18/14 Totaling: $43,439.09
General Part Town Payroll 9/21/14 - 10/18/14 Totaling: $623.96
Highway Payroll TW 9/21/14 - 10/18/14 Totaling: $3,928.88
Highway Payroll PT 9/21/14 - 10/18/14 Totaling: $3,996.36
REQUEST TO APPROVE FOLLOWING VOUCHERS AS PRE-PAYS ON DEC. ABSTRACT:
The following abstracts did not make it on the November abstract. Please approve them as prepays for the December Abstract 12:
1. Connie Miner – November consulting fee $1,250.00
2. Donald Hepkins – Uniform mock turtle necks & tolls for training $157.60
3. NYS Retirement System – 2015 NYS & Local retirement pmt $42,310.00
4. NYS Retirement System – 2015 NYS & Local retirement (police/fire) $16,616.00
5. USDA/Rural Development – Principal & Bond for Brant Farnham sewer: $11,750.00
6. R.A. Gryksa – Bank reconciliations, budget mods, Supvr report: $1,250.00
7. Sherwin Williams $443.00
8. Home Depot $97.63
Councilman Clark motioned to approve payment of Abstract 11, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Gier-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
Next Board meeting will be held December 9, 2014 at 7:00 PM.
At 8:51 PM, Supervisor Pero motioned to adjourn in memory of Orchard Park Mayor John Wilson and Mrs. Margaret Pantera who recently passed away, and was seconded by the balance of the Board. 4 ayes, o nays. MEETING ADJOURNED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk