This Regular Meeting of the Brant Town Board was held on Tuesday, April 14, 2015 at the Brant Town Hall, located at 1272 Brant North Collins Rd, Brant, New York at 7:00 PM.
PRESENT WERE:
Leonard K. Pero, Supervisor
Donald Clark, Councilman
Mark DeCarlo, Councilman
Chad Kaczmarek, Councilman
Barbara J. Daniel, Town Clerk, Recording Secretary
Also present and signed in were:
Lee Brunelli, resident
Joseph Ostrowski, Planning Board Chairman
Lynda Ostrowski, Secretary to the Boards
Janice Ross, Planning Board member
Ronald Kobel, Resident
Joseph Giambrone, Highway Superintendent
Donald Hepkins, Chief of Police
Joyce Ellis, resident
Debra Ritz, resident
Brian Rott, resident
Mark Mogavero, resident
The meeting opened at 7:00 PM with a pledge to the flag.
APPROVAL OF THE MARCH 10, 2015 REGULAR TOWN BOARD MEETING. Councilman Kaczmarek motioned to accept the minutes of the March 10th meeting, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR’S FINANCIAL REPORT: Councilman Kaczmarek moved and was seconded by Councilman DeCarlo to accept the Supervisor’s February 2015 Financial Report as presented. 4 ayes, 0 nays. MOTION CARRIED.
BUDGET MODS: No budget modifications were presented
TOWN CLERK’S / TAX COLLECTOR’S FINANCIAL REPORT: Supervisor Pero moved to accept the Town Clerk’s February 2015 Regular Financial Report and the Tax Collection Financial Report. He was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
COURT CLERK’S JANUARY 2015 FINANCIAL REPORTS FOR JUSTICES GIER & BORNGRABER REGULAR AND BAIL ACCOUNTS: Councilman Kaczmarek made the motion to approve the February 2015 financial reports of both justice’s bail and regular accounts, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
CODE ENFORCEMENT OFFICER’S REPORT: CEO Brecker presented his report for March. Councilman Clark asked if the deceased animals on the Nudd farm had been removed. Code Officer Brecker stated that on his last visit, he only saw 6 carcasses. He notified the owner that the carcasses have to be buried but the hay can be spread on the field. He will do weekly observations. Supervisor Pero stated that the debris must be taken care of as soon as possible. Code Officer Brecker was asked about the Weitsman meeting. CEO Brecker stated the meeting was very good and Mr. Weitsman is going to make some very expensive changes to make
the facility operations easier on the neighbors. Councilman Clark motioned to approve the Code Officer’s report as presented, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
DOG CONTROL OFFICER’S MARCH 2015 REPORT: Dog Control Officer Barbara Daniel summarized her report
for March 2015. She then asked the Board to decide what constitutes a “seized” of a dog. Are there any
circumstances that would negate the fees, such as the owner arrives on the scene as the dog is being picked
up. The Board will discuss this at a later date. Councilman DeCarlo motioned to approve the report as read,
and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
POLICE REPORT MARCH 2015: The March 2015 police report was presented by Chief Donald Hepkins.
Councilman DeCarlo motioned to approve the report as read, and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
APPOINTMENT OF KEVIN R. DALTON – P/T PATROLMAN: Police Chief Donald Hepkins then asked the
Town Board to approve the appointment of Kevin R. Dalton as part-time patrolman with the following
Conditions. He must:
1) Successfully completes the second phase of the Erie County Basic Training Academy.
2) Successfully complete the Town of Brant Police Field Training Officer Program, and
3) Successfully complete a six month probationary period. Starting pay shall be set at a future
Town Board meeting.
Supervisor Pero motioned to approve the appointment, and was seconded by Councilman DeCarlo. A
Roll Call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye,
Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
TOWN CLERK MONTHLY ACTIVITY REPORT FOR MARCH 2015: The Town Clerk’s monthly activity report for March 2015 was read by Clerk Daniel. Councilman Clark moved to accept the Town Clerk’s March Activity report as read, and was seconded by Councilman DeCarlo. 4 ayes, 0 nays. MOTION CARRIED.
PLANNING BOARD REPORT: No meeting was held
ZONING BOARD REPORT: No meeting was held
RECREATION DIRECTOR’S REPORT: None received
PARKS COMMISSIONER REPORT: No report received
TOWN HISTORIAN REPORT: The Town Historian minutes were read by Councilman Kaczmarek. Supervisor Pero motioned to accept the minutes as read, and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
FIRE DEPARTMENT REPORTS: No reports were received.
SENIOR’S REPORT: Minutes of the Senior’s March meeting were read by secretary Lynda Ostrowski. The report noted that Marge Pero was voted Senior of the month. Their next meeting will be held on April 15. Supervisor Pero motioned to accept the minutes as read. He was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MOTION CARRIED.
OLD BUSINESS:
MEETING WITH D.O.T. ALAN PARK REGARDING CLEAN UP OF STORM DAMAGE TO PARK: Supervisor Pero noted the D.O.T. met with Allen Nolan regarding the work to be done to clean up the park area that was used during the storm. D.O.T. came to the location and broke up the piles. They will come back with a dump truck, loader, grader, roller and millings to repair the damage. Cones will be put up during the work.
MEETING WITH FEMA REGARDING BRIDGES DAMAGED BY THE STORM: Supervisor Pero spoke of his meeting with FEMA regarding the need for repairs on bridges in Town. One is located on Maiden Lane. The other is on Hammond Road dead end (the dead end that intersects with Route 20).
NEW BUSINESS:
USPS DELAYED DELIVERY OF FORWARDED TAX BILLS: Supervisor Pero discussed a recent problem a number of residents had. Those who were relying on the USPS to forward their mail to their winter addresses received their bills after their due date. The bills which bore the original postmark of February 17th, had yellow forwarding stickers that showed the USPS held the bills at their Rochester Facility until March 13. These residents began getting their bills on March 19, already three days late. Supervisor Pero noted that current law does not allow the Town to waive the penalties. However, he will draft and present a proposed resolution at the May for the Board to consider adopting to be forwarded on to the legislature, in hopes that the law could be amended to allow waiver’s in situations such as this.
FIRE PROTECTION: Supervisor Pero noted that Angola Control has taken over Helmuth. He is scheduled to meet with the Fire Chief to define what our contract is and who has the service area east of Mileblock.
BOND ANTICIPATED NOTE: Supervisor Pero mentioned that the Town will only one more payment of $30,000.00 for the New Town Hall. The BAN was previously 1.4% but as of today its 1.25%. A payment is required by Friday.
COUNTYWIDE PARTICIPATION IN GOVERNMENT EFFICIENCY PLAN:
Supervisor Pero presented the following resolution to be adopted:
RESOLUTION SUPPORTING THE TOWN OF BRANT SUPPORTING TOWN/VILLAGE PARTICIPATION IN COUNTYWIDE GOVERNMENT EFFICIENCY PLAN.
WHEREAS, Governor Andrew Cuomo and the New York State Legislature enacted the Property Tax Freeze Credit to provide property tax refunds to homeowners as part of the 2014-2015 State Budget; and
WHEREAS, the new law encourages local governments to generate long-term tax relief for taxpayers by sharing services, consolidating or merging, and demonstrating and implementing operational efficiencies; and
WHEREAS, in year one of the program, which is 2015 for local governments, homeowners will receive the Freeze Credit if their local government stays within the property tax cap; and
WHEREAS, in year two of the program, which is 2016 for local governments, homeowners will receive the Freeze Credit for property taxes from any taxing jurisdiction in which the homeowner resides that stays within the property tax cap and puts forward a State-approved Government Efficiency Plan demonstrating savings equivalent to one percent of their property tax levies in each of the following three years; and
WHEREAS, while local governments may take a variety of approaches to develop their Government Efficiency Plans, the State has strongly encouraged they convene and facilitate a process to develop and submit county-wide Government Efficiency Plans; and
WHEREAS, as exemplified in the recent establishment of the Buffalo Erie Niagara Land Improvement Corporation in 2012, this community has a history of receiving recognition by the State for demonstrating successful regional collaborations involving many municipalities; and
WHEREAS, Erie County has offered to coordinate the development of such Government Efficiency Plans as the “lead agency” on behalf of all interested municipalities; and
WHEREAS, the Town of Brant is interested in intergovernmental cooperation with Erie County and other municipalities in submitting a county-wide Government Efficiency Plan and desires to memorialize its intention to participate in a coordinated Plan to allow its homeowners to receive the Freeze Credit.
NOW, THEREFORE, BE IT RESOLVED that the Town of Brant seeks to ensure that Town/Village homeowners will receive the Freeze Credit as part of the new State law; and
BE IT FURTHER RESOLVED that the Town of Brant did not exceed its designated property tax cap for fiscal year 2015 and memorializes that it has no intention of exceeding the cap for fiscal year 2016, which if exceeded would disqualify the Town/village from participation in the Property Tax Cap Freeze Credit Program; and
BE IT FURTHER RESOLVED that the Brant Town Board does hereby express its support for, and participation in an Erie County-wide Government Efficiency Plan; and
BE IT FURTHER RESOLVED that the Town Board urges the New York State Division of the Budget to approve Erie County’s coordinated Government Efficiency Plan with local governments with the understanding that Brant has played an active role in the identification of preexisting and implementation of new services, consolidations or merges, and operational efficiencies within the Town of Brant for inclusion in the country-wide plan; and
BE IT FURTHER RESOLVED that certified copies of this resolution shall be forwarded to the Erie County Executive; the Commissioner of the Department of Environment and Planning; the County Comptroller; the County Attorney; the Director of Budget and Management; and the Association of Erie County Governments.
RESOLUTION #15-0414-01 ADOPTED: Supervisor Pero made the motioned to adopt the resolution, and Councilman Clark seconding the motion. A roll call vote was taken:
Supervisor Pero Voting AYE
Councilman Clark Voting AYE
Councilman Kaczmarek Voting AYE
Councilman DeCarlo Voting AYE RESOLUTION ADOPTED.
SHARING OF LGRMIF SCANNERS WITH VILLAGE:
Supervisor Pero read the following proposed resolution:
STATE OF New York:
COUNTY OF ERIE:
TOWN OF BRANT:
WHEREAS The Office of State Comptroller has issued an order for Local Governments to reduce operating expenses by increasing Shared Services; and
WHEREAS, the Town of Brant has recognized the New York State Governor’s recent order to local governments to prepare a Government Efficiency Plan; and
WHEREAS, pursuant to General Municipal Law Article 5-G, local governments are authorized to share services that would otherwise be duplicated; and
WHEREAS, the Office of State Comptroller has published a guideline in their Research Brief entitled “Shared Services Among New York’s Local Governments” to assist Local Governments in finding areas where shared services could be implemented. Within the guideline, Administrative services are listed, specifically Records Management; and
WHEREAS, the Town of Brant has recently acquired an LGRMIF Grant (Local Government Records Management Improvement Fund); to enable the digitizing of all Town Maps, Drawings, Site Plans, Blue Prints, Building Permits, etc; and
WHEREAS, the Village of Farnham too, within the Town of Brant, has a building department, water department and sewer department. Records maintained by these departments include waterline location maps & drawings, Main water lines for both Village and Town, Hydrant locations, Sewer maps, Building permits, Village maps; and putting these items in an easy to access format would assist in FOIL requests, digging requests, water/sewer line repairs.
WHEREAS, in an effort to increase the Town of Brant’s shared services in cooperation with the New York State Governor’s request that Town’s prepare a Local Government Efficiency Plan, The Brant Town Board hereby submits, via this resolution, a formal invitation to the Village of Farnham to utilize the scanners that have been made available to the Town of Brant; and
NOW THEREFORE BE IT RESOLVED, the Brant Town Board hereby authorizes the Village of Farnham to utilize the Town’s new scanning equipment to bring their records management department current with digitizing of records. They are also authorized to maintain their records in an ongoing manner. Scheduling of scanning to be permitted during Town Clerk hours of operation
RESOLUTION # 15-0414-02 ADOPTED THIS 14th DAY OF APRIL 2015 AT A REGULAR TOWN BOARD MEETING OF THE TOWN OF BRANT WITH THE MAJORITY OF THE TOWN BOARD VOTING AS FOLLOWS:
VOTE: SUPERVISOR PERO VOTING
COUNCILMAN DECARLO VOTING
COUNCILMAN KACZMAREK VOTING
COUNCILMAN CLARK VOTING
RESOLUTION ADOPTED
MISCELANEOUS:
Supervisor Pero motioned to approve the payment of training for Board of Assessment and Review Board members Joseph Ostrowski and Joyce Ellis. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
REPORTS OF COMMITTEES: Lynda Ostrowski summarized options regarding the updates to be done to the Town’s website.
TOWN BOARD REPORTS:
COUNCILMAN KACZMAREK: Attended the Summerfest meeting. He noted that the Lakeshore Youth
Football will pay for the Band (Underground Stampede) that will perform on that Friday. He then
spoke about changes to consider for Hardpan Road such as adding a weight limit and if not that, perhaps a speed limit. Lenny will look into a speed limit change.
He then reported on the defibulator training. He noted that Head lifeguard Bethany Davis, Rec
director Vincent Finninzio and Allen Nolan will attend the training at a cost of $38.00 each for the three hour course. He asked the Board to approve the cost of training.
Supervisor Pero motioned to approve the cost of the defib training, and was seconded by Councilman Clark. A roll call was taken: Supervisor Pero-aye, Councilman Clark-aye, Councilman Kaczmarek-aye,
Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
COUNCILMAN CLARK: Working with Lynda Ostrowski on the summer concerts. The scheduled is as
follows: Paul Zittel-July 6th, Toucan Jam-July 13, Sunset Bluegrass Band-July 20, Niagara Frontier Chord
Authority-July 27, and Country Joe-August 3rd. He then addressed the possibility of the Lake Shore
Football concession stand being open.
He then discussed a request from Chief Hepkins for a new street light at Pole # 169 on Milestrip Road.
It was noted that they need to obtain the Niagara Mohawk number from the pole. Councilman Clark
will get the other numbers from the Pole so the Board can act on it in May. No action was taken.
PUBLIC HEARING:
Since it was 8:00 PM, the Town Board Reports were interrupted to open the public hearing to discuss
the Lonkey Collision Special Use Permit application. The Town Clerk read the public notice:
LEGAL NOTICE
TOWN OF BRANT TOWN BOARD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 14th day of April, 2015 at 8:00 P.M. local time for the purpose of considering the Special Use Permit application of Lonkey Collision to operate a motor vehicle Collision shop located at 10962 Southwestern Blvd, otherwise identified as SBL# 266.00-2-15.1 within the Town of Brant New York. Brant Code Section 161-67(B)(2) requires a public hearing for Special Use permit applications.
All interested parties will be given an opportunity to be heard.
Dated: March 30, 2015
By order of the Brant Town Board
BARBARA DANIEL
BRANT TOWN CLERK
Supervisor Pero motioned to open the public Hearing and was seconded by Councilman Clark. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero asked if anyone present would like to speak about the application. No one spoke.
At 8:03 PM, Supervisor Pero motioned to close the public hearing. Councilman Kaczmarek seconded the motion. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then noted that he had received some information about the applicant that he had to look into prior to the decision. He then motioned to table the decision for a later date to allow the Code Officer and Planning Board to further review the application. Councilman Kaczmarek seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
TOWN BOARD REPORTS (Cont’d):
COUNCILMAN DeCARLO: Councilman DeCarlo presented a request for the Town Board to approve
the cost of attending a Law Enforcement Seminar attended annually by Chief Hepkins and Lieutenant
Slawek. Everything is covered except for the lodging. It is located in Syracuse. Supervisor Pero motioned to approve the expense. He was seconded by Councilman DeCarlo. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
Councilman DeCarlo asked the Planning Board to review the Master Plan as he feels it is overdue. Attorney Trask noted that updating the Master Plan is very involved. He advised the Board to vote on the decision to direct the Planning Board to review the Comprehensive Master Plan and to make recommendations to the Town Board. No updates will be made, only recommendations. Councilman DeCarlo motioned, and Supervisor Pero seconded the motion. A roll call vote was taken: Councilman DeCarlo-aye, Supervisor Pero-aye, Councilman Kaczmarek-aye, Councilman Clark-aye. 4 ayes, 0 nays. MOTION CARRIED.
SUPERVISOR PERO:
o Solar Liberty has installed the online monitoring to allow residents to log on and see the savings in the electric for the highway garage. It is not working at this moment but it will be working soon.
o The LEWPA grant has been awarded in the amount of $250,000 which is more than they were expecting.
o Allen is going to meet with DFT and Verizon to see if a lower price alternatives for the phones can be found.
o CRA notified him that we only paid then $1,250 toward our bill, leaving $2,200.00 unpaid. They have decided to waive the balance of $2,200.00
o Route 438 will now be re-opened at the end of April. The DOT will then close Milestrip for the bridge repairs over the thruway.
o Culvert repairs will be conducted in the fall in connection with the damage done during the November storm.
o E=Waste will resume on April 25th.
o Summerfest meeting will be held April 29 at 7:00 PM. The event is scheduled or June 19-21st of June. He noted that Underground Stampede will perform on Friday.
o Was ill during most of March and therefore did not attend many meetings.
RECOGNIZED PRIVILEGE OF THE FLOOR: Joyce Ellis spoke. She thanked the Councilmen for the meeting that was held with Weitsman. She also presented the Board with a signed petition.
CORRESPONDENCE:
Supervisor Pero received the following correspondence:
• Letter from Legislature Mills regarding a law he is working on that will require pawn shops to report anything over $15.00. It is being proposed as Local Law #1 of 2015
• Letter from Senator Pay Gallivan is working on finding ways to help towns with ways to fund the cost of the mandated Tax Cap tax freeze.
• Letter from Peter Chiavetta (EMS Core) to cover Brant & Evans to replace Rural Metro. They will need all Towns and reservation to participate.
• Resolution from Legislator Rath regarding Local IDA’s decision making, Supervisor Pero wants to table this until a later date.
• Letter of approval from ECEMC to the advisory Committee
• Sales Tax April 1st Sales Tax payment is 1.4% greater than the 2014 corresponding payment, and the Year to Date has increased by 5.5% over last year.
• Letter from Time Warner cable regarding changes they are making
• Letter from a resident complaining about that recyclables are being put in with the trash. Attorney Trask advised the Supervisor to make sure our contract doesn’t prohibit co-mingling of trash and recyclables.
MISCELLANEOUS INFORMATION:
Councilman Kaczmarek mentioned the possibility of creating a DPW. Supervisor Pero responded that it would be considered an increase in our shared services requirements, and we should look into it.
Supervisor Pero read the Abstract:
¬¬¬¬¬¬
Abstract 4 of 2015
*Prepaid and unpaid as of April 14, 2015
Gen Fund Town wide Vouchers Totaling: $45,979.29
Gen Fund – Part Town Voucher Totaling: $7,953.82
Highway T.W. Vouchers Totaling: $23,033.20
Highway P.T. Vouchers, Total $0
Fire Protection: Vouchers: Totaling: $0
Street lighting: Voucher totaling: $2,768.37
CD Capital Projects: Vouchers none, Totaling: $0
Lotus Bay Sewer Dist 1: Vouchers: $0
Brant Farnham Sewer Dist: Vouchers: none, Totaling: $0
Brant Water Dist 1: Voucher: none - Totaling $0
Special Grant Fund: unpd: None, Totaling:$0
General Town Wide Payroll 2/22/15 - 3/21/15 Totaling: $42,189.22
General Part Town Payroll 2/22/15 - 3/21/15 Totaling: $749.04
Highway Payroll TW 2/22/15 - 3/21/15 Totaling: $9,643.60
Highway Payroll PT 2/22/15 - 3/21/15 Totaling: $0
Councilman Clark motioned to approve payment of Abstract 4 of 2015, and was seconded by Councilman DeCarlo. A roll call vote was taken: Councilman Clark-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Supervisor Pero-aye. 4 ayes, 0 nays. MOTION CARRIED.
Supervisor Pero then noted the Town Clerk’s request to approve for prepayment, the following vouchers that arrived after the close of Abstract 4. These will become prepays on Abstract 5:
NOTE: Request Pre-approval for Abstract 5
State Comptroller – (Fines & Penalties Share)..........................................................$8,919.50
First Bankcard/Evans Credit (Reservations @ Residence Inn in Albany for Judge Gier
For Training on 4/23-4/25/15 ...................................................................................$206.45
National Fuel (Due May 2nd)......................................................................................$857.22
Crystal Rock – (Received today @ 3:30PM) and due Upon Receipt..................................$ 45.46
BXI Consultants, Inc – Xerox Scanner, Printer, Copier Grant)......................................$9995.00
TOTAL.........................................................................................................$20,023.63
Councilman Kaczmarek motioned to approve payment of above listed vouchers for Abstract 5 of 2015, and was seconded by Supervisor Pero. A roll call vote was taken: Councilman Kaczmarek-aye, Supervisor Pero-aye, Councilman Clark-aye, Councilman DeCarlo-aye. 4 ayes, 0 nays. MOTION CARRIED.
The Next Board meeting will be held May 12, 2015 at 7:00 PM.
At 8:30 PM, Supervisor Pero announced that an executive session would entered into prior to the close of the meeting. No decisions will be rendered during the session, which will be held for Pending Contract Negotiations. He noted that the adjournment will be in memory of Anna Chiavetta and Samantha Morales who recently passed away.
At 8:31 PM, Supervisor Pero motioned to enter executive session to discuss contract negotiations. Councilman DeCarlo seconded the motion. A roll call vote was taken: Supervisor Pero-aye, Councilman DeCarlo-aye, Councilman Kaczmarek-aye, Councilman Clark-aye.
At 8:55 the Board closed their executive session with a motion from Supervisor Pero, seconded by Councilman DeCarlo.
Supervisor Pero motioned to adjourn at 8:56 PM and was seconded by Councilman Kaczmarek. 4 ayes, 0 nays. MEETING ADJOURNED.
Respectfully submitted by,
Barbara Daniel
Brant Town Clerk
